Put in ESA work related by Court Tribunal

I waited 13 months for my first tier Tribunal to award me back my High Mobility Low care because they fully understood I could hardly walk but ten minutes later the same three panel put me in ESA work related ! as they believed the medical from ATOS that I was fit for work !
I was awarded back payments for the full 13 months on both benefits but 2days after the court appeal I received a letter of ESA saying my benefit had run the 365 Days !! Prior to being put on ESA I was on Incapacity Benefit following a serious car crash which I had to leave my £30,000 a year job .
I have Arthritis in both hips/knees and both ankles and my left shoulder only has about 20% movement and I have severe Asthma but I'm fit for work!
My left hip is that bad now It locks into position when I sit and wont allow me to stand and has me in severe pain constantly and I can't even move my left leg without screaming out in pain and the courts saw this but put me in work related ESA .
I'm getting a hip replacement in the next few months , but need 2 knees and operations on both ankles so not sure what kind of work the courts thinks I'm capable of .
I'm now in the process of appealing again to the second Tier as I have grounds to but I have solicitor fee's to pay this time , I'm not receiving £440 of my benefits I have always been entitled to so this is going to be another struggle but I refuse to give in to the scum who run our country .

Jason wrote: I waited 13 months for my first tier Tribunal to award me back my High Mobility Low care because they fully understood I could hardly walk but ten minutes later the same three panel put me in ESA work related ! as they believed the medical from ATOS that I was fit for work !
I was awarded back payments for the full 13 months on both benefits but 2days after the court appeal I received a letter of ESA saying my benefit had run the 365 Days !! Prior to being put on ESA I was on Incapacity Benefit following a serious car crash which I had to leave my £30,000 a year job .
I have Arthritis in both hips/knees and both ankles and my left shoulder only has about 20% movement and I have severe Asthma but I'm fit for work!
My left hip is that bad now It locks into position when I sit and wont allow me to stand and has me in severe pain constantly and I can't even move my left leg without screaming out in pain and the courts saw this but put me in work related ESA .
I'm getting a hip replacement in the next few months , but need 2 knees and operations on both ankles so not sure what kind of work the courts thinks I'm capable of .
I'm now in the process of appealing again to the second Tier as I have grounds to but I have solicitor fee's to pay this time , I'm not receiving £440 of my benefits I have always been entitled to so this is going to be another struggle but I refuse to give in to the scum who run our country .

Hi J,

I am sorry to hear of this.

If you have been placed into The WRAG of ESA, then you are not fit for work, although you may have to comply with WFI's and WRA. (Not so if payment of CB ESA has ceased due to 365 day entitlement rule and you are in receipt of NI Credits only)

Have you been assessed financially by filling in an ESA3 Form to see whether you can pass the means test for IR ESA with respect to your household income, capital, assets and savings.

Sample ESA 3 Form

See also :

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

12 Month Limit for ESA(CB)

If you haven't been financially assessed by The DWP, and feel that you may be entitled to IR ESA, you should contact them and request that they send you an ESA3 to fill in and return.

This : Benefits Calculator may give you some indication.

If your condition deteriorates or you start to suffer from different conditions to such an extent that your resulting limitations would gain you entry to The SG, you could request a supersession/review.

If you were successful, then your CB ESA would be reinstated, and would remain in payment for as long as you stay in The SG.

Qualifying for the Support Group

I can not really advise on your appeal to The Upper Tier, and it seems that you have legal representation already with this issue.

See :

What is an Error of Law?

Tribunals – Requesting a Statement of Reasons

&

Appealing to The Upper Tier, DR UK Factsheet

bro58

Gordon wrote: Jason

Just to add to Bro's advice.

Legal Aid is available for appeals to the Upper Tribunal, so you may have other options to using a solicitor, I would certainly recommend that you check that they have experience in this type of appeal, as it is a specialist area that many solicitors will not have experience of.

Also, I am taking your post at face value, you state that there were three members on the panel for your ESA appeal, this may be an Error of Law as an ESA panel should consist of two members, there was a recent Upper Tribunal Decision on that very subject that found in favour of several claimants.

Gordon

Thanks for the "add-on" G.

bro58

bro58 wrote:

Gordon wrote: Jason

Just to add to Bro's advice.

Legal Aid is available for appeals to the Upper Tribunal, so you may have other options to using a solicitor, I would certainly recommend that you check that they have experience in this type of appeal, as it is a specialist area that many solicitors will not have experience of.

Also, I am taking your post at face value, you state that there were three members on the panel for your ESA appeal, this may be an Error of Law as an ESA panel should consist of two members, there was a recent Upper Tribunal Decision on that very subject that found in favour of several claimants.

Gordon

Thanks for the "add-on" G.

bro58

Looking at the post once more G, it looks like J's DLA Appeal and ESA Appeal were heard consecutively.

As you rightly state, an ESA Appeals Panel should only consist of a Doctor and a Judge/Chair.

MOJ Video of ESA Appeals Process and Tribunal

bro58