Help ESA Tribunal

leesa

We will do our best to help, but I am afriad that the bulk of the work must fall on your shoulders (or anybody who can help you), and if this is not practical, then you really need to think about getting face to face advice from your local CAB or Welfare Rights office. I would suggest you do this anyway, but understand the constraints you have, most advice agencies do provide a home visit service, although it can be difficult to persuade them to come out, but it can be done.

Welcome to the forum and B&W, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work

I am going to ask you to have a look at some of our guides, these will all be on the following link

www.benefitsandwork.co.uk/help-for-claimants/esa

They can also be accessed from the "Members Only Guides" link in the top left of the page.

The first guide you need to look at is our ESA Appeal guide, this will explain the appeal process and what you need to do, in particular. the following FAQs explain the immediate actions that are necessary

How long do I have to appeal?

How to submit an appeal

It is important that you appeal in writing, as this will allow you to be paid the ESA Assessment rate until a final Decision on your claim is made.

Once you have submitted an appeal, you need to deal with the issues resulting from your ESA50. Basically I am going to suggest that you create a new one using the information in our Claim guides. You do not need to complete a new form, unless you would find this easier, and you do not need to complete the whole form, just the sections that you believe you should have scored points for. If you only have mental health issues then you only need to look at questions 11-17 and these are covered in the Claims on Mental Health Grounds guide in the above link.

If you able to do this quickly then you should send the information to the DWP as it may be possible to overturn the Decision in what is called the Reconsideration phase, where a DWP Decision Maker will look at all of the evidence again. If this is unsuccessful, then your papers will be submitted to the Tribunal Service for an appeal hearing to be held.

I do not want to overload you with too much information, but if you have further questions, please come back to the forum and reply to this topic.

Gordon