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esa tribunal
- samuggy
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8 years 2 months ago #150298 by samuggy
esa tribunal was created by samuggy
at the moment i am going through quite an ordeal.I think I found this website a bit to late.Is there anyone who listens or cares any more.I am 47 years old,for the last 2yrs I suffer with bursitis in both shoulders and synovitis in my hands causing me chronic pain.I had an arthroscope on right shoulder april 2015,still in lot of pain,not sure if it worked.was due to have left shoulder done in october 2015 ,blood pressure to high when I was on operating table so was cancelled.
BP still to high,thus still needing an op.
inbetween all this My ESA was stopped in august,didnt score any points at medical,since phone appeal - lost.tribunal- adjourned reg 29.,december 2015,court wanted to see more of my medical records,Had a years worth, signed form to release all.
feb 2016 lost at 2nd tribunal because surgeon said in a letter to my doctor my right arm movement had improved.Still unable to use hands as well.BP still high.
Do I carry on and go for another appeal or just give up,dont want to give up,want to fight on if it is worth it. thnx for reading
shane
.
BP still to high,thus still needing an op.
inbetween all this My ESA was stopped in august,didnt score any points at medical,since phone appeal - lost.tribunal- adjourned reg 29.,december 2015,court wanted to see more of my medical records,Had a years worth, signed form to release all.
feb 2016 lost at 2nd tribunal because surgeon said in a letter to my doctor my right arm movement had improved.Still unable to use hands as well.BP still high.
Do I carry on and go for another appeal or just give up,dont want to give up,want to fight on if it is worth it. thnx for reading
shane
.
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- Gordon
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8 years 2 months ago #150309 by Gordon
I'm sorry to hear that your appeal was unsuccessful.
Your options at this point are quite limited.
You can attempt to appeal the Tribunal Decision but you can only do this on the basis that there was an Error of Law in the proceedings, not because you disagree with the Decision, as you have no award you have nothing to lose by starting the process, the first stage of which is to request a Statement of Reasons from the Chairman/Judge of the panel. See
Tribunals – Requesting a Statement of Reasons
You can make a new claim for ESA, but you will not be paid on it unless you can show that you have a new condition or that your existing ones have deteriorated such that you would reasonably receive an award, or until a new assessment is done.
You can of course claim JSA, you should be able to adjust your Job Search agreement to take account of your limitations, but will need to be able to meet this requirement or your benefit will be sanctioned.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic esa tribunal
samuggy wrote: at the moment i am going through quite an ordeal.I think I found this website a bit to late.Is there anyone who listens or cares any more.I am 47 years old,for the last 2yrs I suffer with bursitis in both shoulders and synovitis in my hands causing me chronic pain.I had an arthroscope on right shoulder april 2015,still in lot of pain,not sure if it worked.was due to have left shoulder done in october 2015 ,blood pressure to high when I was on operating table so was cancelled.
BP still to high,thus still needing an op.
inbetween all this My ESA was stopped in august,didnt score any points at medical,since phone appeal - lost.tribunal- adjourned reg 29.,december 2015,court wanted to see more of my medical records,Had a years worth, signed form to release all.
feb 2016 lost at 2nd tribunal because surgeon said in a letter to my doctor my right arm movement had improved.Still unable to use hands as well.BP still high.
Do I carry on and go for another appeal or just give up,dont want to give up,want to fight on if it is worth it. thnx for reading
shane
.
I'm sorry to hear that your appeal was unsuccessful.
Your options at this point are quite limited.
You can attempt to appeal the Tribunal Decision but you can only do this on the basis that there was an Error of Law in the proceedings, not because you disagree with the Decision, as you have no award you have nothing to lose by starting the process, the first stage of which is to request a Statement of Reasons from the Chairman/Judge of the panel. See
Tribunals – Requesting a Statement of Reasons
You can make a new claim for ESA, but you will not be paid on it unless you can show that you have a new condition or that your existing ones have deteriorated such that you would reasonably receive an award, or until a new assessment is done.
You can of course claim JSA, you should be able to adjust your Job Search agreement to take account of your limitations, but will need to be able to meet this requirement or your benefit will be sanctioned.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- samuggy
- Topic Author
8 years 2 months ago #150325 by samuggy
Replied by samuggy on topic esa tribunal
Like I said no ones listening,I am unable to work due to my condition,I still need 3 operations how am i capable of work?,so wont be claiming jsa.I worked in engineering for 30yrs thats why I am ill now.
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- Gordon
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8 years 2 months ago #150345 by Gordon
I'm sorry that there is nothing else that I can suggest.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic esa tribunal
samuggy wrote: Like I said no ones listening,I am unable to work due to my condition,I still need 3 operations how am i capable of work?,so wont be claiming jsa.I worked in engineering for 30yrs thats why I am ill now.
I'm sorry that there is nothing else that I can suggest.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Triumph62
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- Posts: 9
8 years 2 months ago #150466 by Triumph62
Replied by Triumph62 on topic esa tribunal
Sorry to read of your lost tribunal case and present difficulties. Having helped a couple of friends successful appeal in similar circumstances, using info on this website, I would urge you to follow the advice given by Gordon and make the formal request for a Statement of Reasons. It may sound like a lame thing to do, but legally it is how you have to proceed.
Often a Statement of Reason reveals that the decision making process was legally in error, which would allow you to possibly be successful in appealing the decision. Unless you request the Statement of Reasons you cannot move on to the next step, which would be to seek legal advice about any error it may contain and appeal the decision.
The legal process is often slow and frustrating, especially if you are not used to the jargon and after the apparent injustice you have experienced, but I have seen situations such as yours turned around to become a victory on appeal, so it may well be worth finding out what the Tribunal say in a Statement of Reasons. There is no guarantee of the outcome, but potentially they may give you the ammunition to achieve a just outcome.
Often a Statement of Reason reveals that the decision making process was legally in error, which would allow you to possibly be successful in appealing the decision. Unless you request the Statement of Reasons you cannot move on to the next step, which would be to seek legal advice about any error it may contain and appeal the decision.
The legal process is often slow and frustrating, especially if you are not used to the jargon and after the apparent injustice you have experienced, but I have seen situations such as yours turned around to become a victory on appeal, so it may well be worth finding out what the Tribunal say in a Statement of Reasons. There is no guarantee of the outcome, but potentially they may give you the ammunition to achieve a just outcome.
The following user(s) said Thank You: Gordon, samuggy
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