ESA Tribunal advice please

Hi, I am on ESA and have been placed in the WRAG group which I am appealing against, my tribunal is on 13th Feb. Please can you offer me some advice, what is the schedule for the day, how do things pan out out the tribunal? What do I need to do? My partner is coming with me, I am unable to go far on my own. I am still employed, and am on the company PHI scheme, I had a stroke in 2007 and have not been able to work since, I have also been diagnosed with asthma and emphysema since then. I have cognitive, spacial, memory and sequential issues. My ESA expires in August this year.

Many thanks.

LRey wrote: Hi, I am on ESA and have been placed in the WRAG group which I am appealing against, my tribunal is on 13th Feb. Please can you offer me some advice, what is the schedule for the day, how do things pan out out the tribunal? What do I need to do? My partner is coming with me, I am unable to go far on my own. I am still employed, and am on the company PHI scheme, I had a stroke in 2007 and have not been able to work since, I have also been diagnosed with asthma and emphysema since then. I have cognitive, spacial, memory and sequential issues. My ESA expires in August this year.

Many thanks.

Hi LR,

Welcome to Benefits and Work

Even though "Tribunals" are a "court of law" the procedures are a lot more relaxed than in a normal "court".

The ESA tribunal panel will consist of a "Judge" and a Doctor they will question you and take into account your oral evidence on the day, and any paper evidence that you may have provided, as well as evidence from The DWP.

There may be a DWP Presenting Officer there to put the DWP's case forward, but this is not really a common occurrence.

You should contact The Clerk on arrival, and make him/her aware of your presence.

If you have any access limitations or needs, you should make the tribunal aware of these before the day.

Remember, the tribunal will only be re-looking at how you were at the time of the adverse WRAG award, and whether you should have been placed into The SG at that time.

They cannot take into account any change/deterioration in your condition since that time.

See : Qualifying for the Support Group

Have a look at this "Mock" ESA Tribunal Hearing :

MOJ Video of ESA Appeals Process and Tribunal

You may also wish to check out the following :

Preparing for a Tribunal

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

DRUK Factsheet - Appeals Hearings and How to Prepare for them.

You could also have a look at the relevant ESA Appeals Guide on this page :

ESA Claims Guides

The hearings generally last around 30-40 minutes, and the Tribunal may give you the decision on the day, or it may be posted out to you some days later.

Please do keep us updated, and you can pose any other queries that you may have by "Replying to this Topic".

You may want to Bookmark/Favourite this page in your browser so that you can return to it easily.

Good Luck !!

bro58

The mock video is unavailable

LRey wrote: The mock video is unavailable

Hi LR,

Try the link now, I have remade it.

The MOJ keep "moving" it !!!

bro58

Just a brief update, my appeal was refused, so as of August 13th my ESA benefit stops. I am in a better position than some inasmuch as I get PHI from my employers still. I have spoken to them and they will continue to pay that, they say that DWP look at my ability to do A job.... not necessarily the ability to travel to said job, nor that the said job is available for me to do just A job.... the insurance company that pay my PHI look at my ability to do the job I was employed to do. So that is where I am. The system sucks, I cannot get on a bus on my own, I can walk to my local shop on my own which is 200 yard away, a visit to my doctors requires my husband to take time off work to take me, or I need to get a taxi, so this means I can get to a place of work and do a job. Keep on doing what you are doing, your help and advice is so very valuable, the system has to change, this legalised cull of the weak and vulnerable has to stop. Bless you.