× Members

ESA -Succesful on appeal

More
11 years 4 months ago - 11 years 4 months ago #94936 by vasant
ESA -Succesful on appeal was created by vasant
Hi , my ESA was stopped in July 2011 because i failed my medical but i appealed against it so i was initally getting ESA on assesment Rate (£67.50) BUT this even stopped on 30/4/12 as i already being paid for 365 days even though the letter stated that i will get assesment rate until my appeal is heard. Finally my appeal date came which was on 16th Novembr 2012.( Wait one & half year)

I took my brother with me as he had prepared all the documents for me with all supporting evidence from Hospital and my GP. i was quite scared and nervous. There are 2 People (Judge and a professional Doctor). They will ask you questions on "HOW WERE YOU WHEN FAILED YOU TEST" not how do fell "NOW" even though you will be given chance to tell them about your present circumstances. Your representative will be given time to speak on your behalf.

After waiting half an hour you are called again and given the verdict, in my case i won the appeal and i will be moved to "support group". I am waiting for a big cheque in the post in next couple of days .

Do not send any medical evidence until you get the date of the hearing ortherwise it may get lost in the file
Take some body with you to represent
Do Extra copies from your mdical examination , hospital and GP rather than asking them to refer to page number as it will save time and they will construct on "main points"

Perhaps some body can help me - would i need to attend another medical in future
Is there any minimum Hrs i can work without affecting my benefit
i am also DLA - Does any body know when the changes are comming in when i suspect they will move people to PIP -Personal independent Payment
Thanks and Good Luck
Last edit: 11 years 4 months ago by Gordon.

Please Log in or Create an account to join the conversation.

More
11 years 4 months ago #94941 by Gordon
Replied by Gordon on topic Re:ESA -Succesful on appeal
Vasant

Congratulations on your award and for so patient.

I do need to pick up on a couple of things you have posted for those reading it.

The Tribunal, as a matter of law, cannot consider a claimant health at the time of the hearing, only as it was at the time of the oiginal assessment.

Claimants are required to have their evidence with the Tribunal within one month of their receiving the evidence packet from the DWP. Whilst in practice the Tribunal Service will accept new evidence upto about two weeks before the hearing without problem, earlier is definitely better, and evidence submitted later than the two weeks does run the risk of not being accepted, or causing the hearing to be adjourned.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

  • bro58
11 years 4 months ago - 11 years 4 months ago #94949 by bro58
Replied by bro58 on topic Re:ESA -Succesful on appeal
vasant wrote:

Hi , my ESA was stopped in July 2011 because i failed my medical but i appealed against it so i was initally getting ESA on assesment Rate (£67.50) BUT this even stopped on 30/4/12 as i already being paid for 365 days even though the letter stated that i will get assesment rate until my appeal is heard. Finally my appeal date came which was on 16th Novembr 2012.( Wait one & half year)

I took my brother with me as he had prepared all the documents for me with all supporting evidence from Hospital and my GP. i was quite scared and nervous. There are 2 People (Judge and a professional Doctor). They will ask you questions on "HOW WERE YOU WHEN FAILED YOU TEST" not how do fell "NOW" even though you will be given chance to tell them about your present circumstances. Your representative will be given time to speak on your behalf.

After waiting half an hour you are called again and given the verdict, in my case i won the appeal and i will be moved to "support group". I am waiting for a big cheque in the post in next couple of days .

Do not send any medical evidence until you get the date of the hearing ortherwise it may get lost in the file
Take some body with you to represent
Do Extra copies from your mdical examination , hospital and GP rather than asking them to refer to page number as it will save time and they will construct on "main points"

Perhaps some body can help me - would i need to attend another medical in future
Is there any minimum Hrs i can work without affecting my benefit
i am also DLA - Does any body know when the changes are comming in when i suspect they will move people to PIP -Personal independent Payment
Thanks and Good Luck


Hi V,

With respect to your other queries :

To find out how long it will be before you will be re-assessed, and therefore "may" have to attend a face to face assessment, you would have to contact the DWP office that is dealing with your ESA. You can do this by phone, but it is advisable to back it up in writing.

See : How often will I be reviewed

With regards to working whilst in the SG, see this post/thread : www.benefitsandwork.co.uk/forum?func=vie...id=10&id=94753#94758

All the upto date information that we have on PIP is here :

Latest information on PIP

It may help to speed up any payment of back pay owed if you send a copy of the Tribunal decision to the DWP office that deals with your ESA, see : Sending Documents to the DWP or ATOS

bro58
Last edit: 11 years 4 months ago by bro58. Reason: Corrected PIP Link

Please Log in or Create an account to join the conversation.

More
11 years 4 months ago #94950 by RH2012
Replied by RH2012 on topic Re:ESA -Succesful on appeal
Who did you take with you to represent you?
I've been wondering if cab would help.

Please Log in or Create an account to join the conversation.

More
11 years 4 months ago #94953 by RH2012
Replied by RH2012 on topic Re:ESA -Succesful on appeal
Who did you take with you to represent you?
I'm just at the 1st stage at the moment, this king how to appeal from being put on esa wrag when I need to be in the support group. I think my best bet might be to argue the exceptional circumstances rule.

Well done on your appeal, i hope I am as fortunate.
Rik.

Please Log in or Create an account to join the conversation.

  • bro58
11 years 4 months ago - 11 years 4 months ago #94959 by bro58
Replied by bro58 on topic Re:ESA -Succesful on appeal
RH2012 wrote:

Who did you take with you to represent you?
I'm just at the 1st stage at the moment, this king how to appeal from being put on esa wrag when I need to be in the support group. I think my best bet might be to argue the exceptional circumstances rule.

Well done on your appeal, i hope I am as fortunate.
Rik.


Please do not make duplicate posts, there will always be a delay, as the MODS have to read and approve the posts before they show up on the forum.

So the time it takes for your post to appear will depend on how busy we are and how many MODS are online.

bro58
Last edit: 11 years 4 months ago by bro58.

Please Log in or Create an account to join the conversation.

Moderators: bro58GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.