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esa tribunal help urgent please

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10 years 1 month ago - 10 years 1 month ago #118284 by libran1962
esa tribunal help urgent please was created by libran1962
hello
im hoping someone can help with advice .i had my esa appeal tribunal on 23 dec which was unsuccessful even though I had a lot of medical evidence including a supporting letter from my gp and cfs physio and nurse,my ex manager of 9 years and a letter off my partner. i have an unexplained medical illness of 4 years which has multiple symptoms, also this brought on cfs , meaning in oct 2012 I had to give up a job of 9 years which I loved. I have always been proud and independent and brought my 2 sons up on my own for 13 years, so I found this transition very diificult.
I thought we put together a good case ,pairing the problems to the descriptors mainly thanks to your helpful guides .on the day .the doctor was a very nice man who was both sympathetic and kind ,however the judge was stern, condescending and dismissive, i believe my biggest problem, which he homed in on was why the atos report differed so much from my version. i would truly like to know that myself. it was of no surprise that my appeal was unsuccessful.

the whole process made my condition worsen and I prepared to start a new appeal as all payments had stopped .then out of the blue I received a new appeal date for 3 april .apparently the judge in question couldn't give a statement of reasons as he was ill so the judgement has been set aside.my first reaction was to say I cant put myself through this again ,but on phoning welfare rights they said that I had been given a second chance and thus had nothing to lose.

at a meeting yesterday at my doctors a cab health case worker said that my case had been put together well and couldn't understand why it hadn't been successful. she gave me advice including getting a more specific gp letter and making a list of why the atos comments were incorrect and misleading(which totally threw me in court when the judge asked me to read through page 52 and explain what I disagree with ,there was a whole page of incorrect points but I was not feeling well, I was so nervous and my thought processes cannot work with that amount of content at speed)
my questions are would it help if I get representation or should I try myself again(my partner took me and came in with me last time)also more importantly the cab worker said that unless I get into the support group I would be unlikely to be able to claim esa as I have had the 365 days on contribution based and since 17 oct I think I must have been on income based though since the set aside I don't know if its assessment rate until the hearing(this hasn't materialised yet).i am getting married on 31 may and cab said payments would then be based on my husbands income (self employed paid £11,000 but pays his elderly parents rent of £450 per month)
sorry this is so long winded but I am confused and nervous
thank you in advance
kindest regards
Suzanne(I know my real name is showing on forum and will get my sons to try sort it asap) :dry:
Last edit: 10 years 1 month ago by Gordon.

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10 years 1 month ago #118287 by oldman
Replied by oldman on topic esa tribunal help urgent please
Hi

I had my friend suffer the same problem - undiagnoised illness. ATOS didn't accept this as a problem because they couldn't judge something that wasn't diagnoised. He booked an appointment with doctor who couldn't give any answer so as a last report went to a and e. they did tests and discovered the problem and he was successful on appeal.
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10 years 1 month ago #118290 by Gordon
Replied by Gordon on topic esa tribunal help urgent please
S

Welcome to the forum.

In regard changing your name, the following has instructions.

My full name is showing, how can I stop it?

To try and answer your questions;

Yes, as a general rule having a Representative increases a claimants chances at a Tribunal, your problems is finding one and finding one that will take on case so late in the proceedings. Do an internet search for "welfare advice" with your postcode, town or county.

You do not say when you made your claim for ESA (Oct 2012?), but the 365 days will apply from then, if your initial claim was for ESA(CB) then I would not expect the DWP to have sufficient information to decide you are eligible for Income Related ESA without issuing an ESA3 form, which you do not mention.

Eligibility for ES(IR) is dependant on your household income, assets and savings and any hours that a partner works.

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

The fact that your original Tribunal Decision was Set Aside means that it is as if it did not happen, so your previous "status" will be put back into effect, so if you were originally found Fit for Work then you will receive the ESA Assessment Rate and if you were appealing a WRAG Decision to be placed in the Support Group then the WRAG payments will continue. Both of these will be subject to the 365 day rule and your eligibility for ESA(IR).

If you are already living with your partner then any ESA(IR) claim will be treated as a joint claim, if you are not then when you marry it will be. Whilst his income will be taken into account I am afraid that any payments he makes will not, although if you are eligible for ESA(IR) this also means that you should be eligible for Housing Benefit, however, you need to be aware that rent payments to a relative can be a problem unless they are formalised.

If you have not made any comments on the ATOS medical report then you certainly should, Don't waste your time commenting on everything, concentrate on those areas that are at odds with your own statements and medical evidence.

If you have any more questions, please reply to this post and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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10 years 1 month ago - 10 years 1 month ago #118292 by libran1962
Replied by libran1962 on topic esa tribunal help urgent please
thank you so much Gordon.i havnt had the form that you mention,only the esa 50 back in jan 2013.i havnt had wrag entitlement nor does my partner live with me yet.is there any advice with this in mind?im so confused re the payments
kind regards
s
Last edit: 10 years 1 month ago by Gordon.

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10 years 1 month ago - 10 years 1 month ago #118293 by libran1962
Replied by libran1962 on topic esa tribunal help urgent please
ps I have a mortgage Gordon
s
Last edit: 10 years 1 month ago by Gordon.

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10 years 1 month ago - 10 years 1 month ago #118299 by Gordon
Replied by Gordon on topic esa tribunal help urgent please

S wrote: thank you so much Gordon.i havnt had the form that you mention,only the esa 50 back in jan 2013.i havnt had wrag entitlement nor does my partner live with me yet.is there any advice with this in mind?im so confused re the payments
kind regards
s


If you have not received an ESA3 then I think it unlikely that you are receiving ESA(IR) although it is not impossible.

If your ESA50 was issued in January 2013 then I assume the claim was made in late 2012, on this basis I would have expected you to have exceeded the 365 day limit at about the same time as your original Tribunal was held. The DWP are supposed to check whether a claimant has eligibility for ESA(IR) when their ESA(CB) stops, but the reality is that they don't and given the fact that you lost your original Tribunal I think it unlikely that payments will be re-instated without you chasing them about it. You need to contact the office dealing with your claim about this.

Whilst ESA(CB) is paid only to the individual, ESA(IR) will be paid as a couple if the claimant has a partner, your getting married will definitely result in a joint claim, but it is possible that the DWP will consider you a couple already, that you do not live together may mean that this is not an issue, but is not a given.

As a couple, your joint income and assets are considered although the amount of money the law expects you to live on will also increase. There are other rules, see my previous post that can prevent the payment of ESA(IR), but if you are eligible for it then you can also receive assistance with the interest on any mortgage payments, there is a 13 week waiting period, but after that you should receive some assistance.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 1 month ago by Gordon.
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