Am I wasting my time going to the tribunal

Just wanted advice if I am wasting my time or should do things differently.
About three years ago I went to a tribunal and one my case about my ME.
Since then I have had to have another medical which I failed and it has taken another 2.5 years for my case to come to tribunal.
In the meantime the law for ESA has changed to being means Tested and I receive no ESA.
I am going to the tribunal out of principal that I can not work due to my ME.
Am I wasting my time

ESA is not entirely means-tested for people entitled to contributory benefit. Whilst payment for those in the WRAG is limited to 365 days before means-testing, there is no such limit on time in the Support Group.

12 Month Limit for ESA(CB)

It would certainly worth attending the tribunal in order to keep your claim live and NI credits made on your behalf if awarded WRAG. As long as your claim is uninterrupted, payment would restart, if yo0u are entitled to contributory ESA, if you were put into the Support Group at this triibunal or a future reassessment.

Qualifying for the WRAG

Qualifying for the Support Group

Preparing for a Tribunal

Appearing before tribunals

Please reply to this post if you have further questions and we will do our best to help.

I have ME and I am in the support group. I have twice won appeals. In addition to the advice on this website I advise you to check Action for ME's website as they have free information you can download.

Unfortunately I failed my tribunal this time. Last time I was successful.
Its hard after waiting two and a half years.
Thought I had a good case with letters from my doctor and specialists.
I got questions fired at me for 45mins my partner who was with me because I was in a wheel chair got questions fired at her to.
What I did not like was when the judge asked if I had anything to say. I wanted to talk about my case on two fronts one my health problem . The other points I thought the medical was not done properly and also at the first appeal they said I had sent in no further information when I had. I sent it in three times then went to the job centre to fax it through to make sure they got my appeal. Although the DWP never responded.
Any way when I said to the judge I wanted to talk about what was in my bundle she said she had read everything and it would be taken into consideration. So basically after a two and a half year wait I could not get to defend myself.
When I was called back into the room to be told my esa had been declined I asked why and on what grounds she just said the decision has been made and that is the end of it.

I am not sure where to go from here and what my options .
thanks

ak wrote: Unfortunately I failed my tribunal this time. Last time I was successful.
Its hard after waiting two and a half years.
Thought I had a good case with letters from my doctor and specialists.
I got questions fired at me for 45mins my partner who was with me because I was in a wheel chair got questions fired at her to.
What I did not like was when the judge asked if I had anything to say. I wanted to talk about my case on two fronts one my health problem . The other points I thought the medical was not done properly and also at the first appeal they said I had sent in no further information when I had. I sent it in three times then went to the job centre to fax it through to make sure they got my appeal. Although the DWP never responded.
Any way when I said to the judge I wanted to talk about what was in my bundle she said she had read everything and it would be taken into consideration. So basically after a two and a half year wait I could not get to defend myself.
When I was called back into the room to be told my esa had been declined I asked why and on what grounds she just said the decision has been made and that is the end of it.

I am not sure where to go from here and what my options .
thanks

Hi ak,

Sorry to hear that you lost your appeal.

As informed by Gordon, previously : Here

Unless you can gain the necessary NI Contributions from employment, the only way that you will again be entitled to payment of CB ESA is to be placed into The SG.

Getting placed into The SG, could be as the result of a supersession/review of the current ESA decision due to a deterioration or change in your medical conditions, or as the result of an SG award due to a reassessment of your ESA.

You would not be entitled to any CB ESA in either case whilst awaiting a decision as to whether you were to be placed into The SG.

Another option, which you could do as a separate issue or in tandem with a reassessment or superssession/review request, would be to appeal the First Tier Tribunal's (FTT) decision to The Upper Tier Tribunal, (UTT) if you can show that The FTT have erred in law in coming to their decision.

Again though, you would not receive any payments of CB ESA whilst awaiting the outcome of any UTT Appeal.

To start the ball rolling with an appeal to The UTT you would have to request the Written Statement of Reasons from The FTT within one month of the date of the decision notice.

Legal Aid is still available for appeals to The UTT, and it would be advisable to try and obtain professional advice on this.

See :

Tribunals – Requesting a Statement of Reasons

What is an Error of Law?

“Errors in Law” can include : Insufficient findings of fact, failure to explain why they have disregarded any evidence favourable to the appellant, failure to explain why they’ve relied on any material evidence against the appellant particularly where that evidence was put at issue by the appellant, complete mishandling of relevant evidence or applying the law incorrectly, etc.


Appealing to The Upper Tier, DR UK Factsheet

And if applicable :

Legal Aid for UTT Appeals for London, East, S/E England and The Midlands.

&

Where to get advice

bro58