ESA tribunal appeal

Gordon wrote: Liz

First of all, have you checked whether you are eligible for Income Related ESA, because if you are your payments will be re-instated. ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

With regard the Tribunal Decision, if it has been less than one month since it was made then you can ask for it to be looked at by the Upper Tier Tribunal but only on the basis that there has been an Error of Law, if you think that there may have been then the first stage to the process is to request a Written Statement of Reasons from the Judge of the panel.

What is an Error of Law?

Tribunals – Requesting a Statement of Reasons

If you decide to go down this route we can provide some Fact sheets that may be of assistance.

With regard to your PIP award versus the WRAG one for ESA. PIP tests the claimants ability to walk whereas ESA looks at their ability to Mobilise. In addition to walking, mobilising also looks at your ability to propel a manual wheelchair over the same distances, you do not need to be using a wheelchair or even to own one for it to be considered, as long as the usage is considered reasonable it can be looked at.

If you did not include any information regarding your being able or not to use a wheelchair then this could explain the discrepancy between the two awards.

Although no longer in payment your ESA claim is still technically live, so if you can show a documented deterioration in your condition since you were last assessed which would allow you to potentially meet the criteria for the Support Group then you can ask to be re-assessed, this will involve a new ESA50 and likely a new assessment, also it could take some time due to the current delays in the system, but if successfully placed in the SG the your ESA(CB) will be re-instated from the date you notified the DWP of the change.

If you need more information on any of the above then, please reply to this post.

Gordon

Liz wrote:

Gordon wrote: Liz

First of all, have you checked whether you are eligible for Income Related ESA, because if you are your payments will be re-instated. ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

With regard the Tribunal Decision, if it has been less than one month since it was made then you can ask for it to be looked at by the Upper Tier Tribunal but only on the basis that there has been an Error of Law, if you think that there may have been then the first stage to the process is to request a Written Statement of Reasons from the Judge of the panel.

What is an Error of Law?

Tribunals – Requesting a Statement of Reasons

If you decide to go down this route we can provide some Fact sheets that may be of assistance.

With regard to your PIP award versus the WRAG one for ESA. PIP tests the claimants ability to walk whereas ESA looks at their ability to Mobilise. In addition to walking, mobilising also looks at your ability to propel a manual wheelchair over the same distances, you do not need to be using a wheelchair or even to own one for it to be considered, as long as the usage is considered reasonable it can be looked at.

If you did not include any information regarding your being able or not to use a wheelchair then this could explain the discrepancy between the two awards.

Although no longer in payment your ESA claim is still technically live, so if you can show a documented deterioration in your condition since you were last assessed which would allow you to potentially meet the criteria for the Support Group then you can ask to be re-assessed, this will involve a new ESA50 and likely a new assessment, also it could take some time due to the current delays in the system, but if successfully placed in the SG the your ESA(CB) will be re-instated from the date you notified the DWP of the change.

If you need more information on any of the above then, please reply to this post.

Gordon

I would be grateful for more information.

I spoke to you a few weeks ago with regards to my ESA been refused when I was at a tribunal. The last ATOS medical was July 2014. I was not happy with the tribunal and it looked as though they made me out to be a lying and that I exaggerated about my disability. I live with my disability every day. Another point was because I had said I can walk 2-3 minuter figure of speech they stated if was not convincing . In there opinion someone attending a medical which was amongst other things, concerning her mobility would not use the phrase for a few minutes as a figure of speech. They say I can walk 100 metres and no more than 200 metres. And in my pain management letter she stated that walking for prolonged periods exacerbated her back pain again no word of waking 200 metres which they picked up on. I can walk up to 50 metres but in pain. I also claimed my PIP on the grounds that I can walk no more than 50 metres. Can I be reaseased with my back problems. Anyone can tell me. My husband works so do you think it is work asking. I also have neck problems which the doctor said they could not do any surgery.
Kind Regards
Liz