ESA appeal to be 'struck out' What do I try next?

Crapbelly wrote: So, my appeal failed, I have 14 days to give any comments after which my case will be referred to a judge.

This despite (unknown to me) having been awarded indefinite ESA which they time-limited by supercession under section 10 of the Social Security Act. I am advised that there are no reasonable prospects of success should I appeal.

I think I score 15 points on 1) ii) - Cannot repeatably mobilise 50 metres.

Any comments/help gratefully received; the thought of going to tribunal fills me with horror and I doubt I have the mental strength....

Thanks

We need more information to be able to help you

Can you confirm who has told you that appeal has failed?

Was it the DWP following a Reconsideration or was it a Tribunal panel after a hearing?

You say your ESA was time limited, this is not an appealable Decision, have you checked to see whether you are eligible for Income Related ESA?

If you could reply to this post with the additional information.

Gordon

Crapbelly wrote: Hi Gordon, the letter is from HM Courts & Tribunals Service in response to my written appeal against the cessation of my ESA.

I now have 14 days (from 25th July) for my 'further comments' after which the file will be referred to a judge. The DWP are asking the judge to strike out my appeal.

I know I made the mistake of being too emotional in my appeal; it's hard not to be, so I'm trying to be more business-like in my next letter. This feels like fighting for my life; I'm getting more and more in debt, my only income is a pension of £476 per month from my previous employer. I feel sick and scared and think I may have to sell my house.

As previously posted, you cannot appeal the Decision to stop your ESA(CB) payments after 365 days, so if that was the basis of your appeal then I am surprised that it has got this far.

You can appeal to be placed in the Support Group, if you can show that the at the time of Decision being appealed you met the criteria for the SG, however, if your appeal does not reference this original Decision, but rather the one to remove your payments, then this argument may not be accepted.

All you can do is present your case and see what happens.

Gordon

Crapbelly wrote: Gordon, that's exactly what I'm doing; I am adamant that I should have been placed in the support group.

I understand that 365 days is the limit for ESA in WRAG, its a matter of respectfully saying that the decision maker has not taken into account my meds and the side effects thereof, nor that my pain varies from day to day but on average I have to take extra medication and retire to bed 3-5 days a week.

Regards.

I understand what you are saying but appeals work in a particular way.

The Decision to stop your ESA(CB) payments was made without regard to your health nor is it required to, so you will need an understanding judge to challenge it on that basis, and whilst I would be happy to be proved wrong, I would be very surprised if they accept this argument.

I would expect that the only Decision that you can challenge on health grounds was the one that placed you in the WRAG in the first place, or if you were re-assessed after this, the last Decision on your claim that was the result of an assessment.

You will need to show that at that time and not subsequently you met the criteria for the SG. If this was the Decision you challenged then you can ignore the above, and proceed with showing that you meet the SG criteria, however, any deterioration in your health since that Decision will not be considered by the Tribunal, only your health at the time of the Decision will be looked at.

Gordon