Can anyone advise?

Hi, I was wondering if anyone could let me know what to expect in an ESA court hearing. I had my second health assessment in march and the gave me no points. My first health assessment 6 months earlier deemed me too ill to work but this one that I'm fit to work. My doctor wrote to them telling them that there's no way I'm fit to work and that if I was well enough I would be working. I suffer from CRPS (complex regional pain syndrome), PoTS (postural orthostatic tachycardia syndrome), insomnia and depression. The report we got from the health assessment was bizarre it was like she had written down the complete opposite to what I had said to each question. We had a mandatory reconsideration which didn't go in our favour and I have the court case on Friday. I'm really worried about it and was wondering if anyone could let me know what sort of thing to expect.
Thanks, Rachel

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I'm sorry that you are going through this

I don't know if you are aware that ESA is not awarded due to being 'unfit for work' per se, it is entirely dependent on meeting specific 'descriptors'. That is why you GP's letter will not have been of much help.

Qualifying for the WRAG

Qualifying for the Support Group

Although the Tribunal panel are independent of DWP, and will pay more attention to you and your evidence than the assessor's report, they still have to measure you against these descriptors. It is well worth working out which ones apply to you.

This video helps explain what will happen on the day



These should also help

Preparing for a Tribunal

Good practice for those appealing

May I suggest that you bookmark/favourite this on your web browser now so that you can find it easily in future? This will allow you to return with further questions, or tell us how you get on, without having to start a new topic each time

Hi Rachel,

I've answered a similar question in the post below.

www.benefitsandwork.co.uk/forum?view=top...=10&id=109964#162093

I would just add that an appeal tribunal is a very informal court where you sit round a table with the panel - it's more like an interview than a court hearing. If it's any encouragement, a large number of fit-for-work decisions are being overturned on appeal, and judging by the quality of your medical report, it's not hard to see why!

Best of luck,

Derek

Thank you for your time Derek, I will read the link now. Sorry for the delay, lost a family member yesterday and has knocked me back a bit

Rachel Rigg wrote: Thank you for your time Derek, I will read the link now. Sorry for the delay, lost a family member yesterday and has knocked me back a bit

I am very sorry for your loss

I'm very sorry to hear of your loss too. It must be an awful time to have to go through an appeal.