Failed ESA Appeal Tribunal - at a Loss now....?

I had my Tribunal hearing on Monday, it was awful. I was in a state to say the least. Very emotional, and in discomfort. I have suffered for 28 yrs with depression and after yrs of stomach pain, and numerous investigations and treatments, I was diagnosed with Gastroparesis last year. I was initially awarded 6 points for mobility after the Atos medical, with a further 6 points at reconsideration for continence. No points for depression. After the Tribunal, the decision was posted to me and arrived 2 days later, with a total of 6 points (so minus 6) for continence only, still nothing for depression? I am on max dose anti-depressants and produced 2 letters from my GPs stating the onset of the ongoing depression and how it was being treated. I don't know what to do now? I can't go through this. I can't go for JSA because I am in pain each day and wouldn't be able to make the appointments. Employers wouldn't entertain me because I would either not be attending work every day or leaving through the day due to illness. Any advice would be greatly appreciated, but please don't tell me to claim again, I really wouldn't be able to go through this ordeal again. If I didn't have my children to consider I'm not entirely sure I'd be here right now - all because of £71 pw and being made to feel like a fraud.

Hi makinprogress

Sorry to hear of your ordeal at the tribunal. (It does seem difficult to score points for mental health if you can tie your own shoelaces. )

Just to add to Gordon's good advice; whatever you choose to do, in addition, there is no harm in applying for a full statement of reasons for the decision if you wish to consider getting advice on appealing to the Upper Tribunal. You have just one month from the decision date.

Good luck

Derek

Thank You both for your replies. After a good few days of reflection / depression and many tears, I visited my GP who advised me to re-apply for ESA. I reluctantly 'phoned and completed the process over the phone. (the 'advisor' was very abrupt, verging on rude, which only makes matters even worse). I received the paperwork through the post, saying I needed to supply a Fit Note, which I obtained today, only to receive more correspondance through the post, stating that I wouldn't be paid ESA because I hadn't enough NI contributions / credits. After telephoning again, and explaining I had been on Long Term Incapacity Benefit for 12 years, and thought I had NI Credits, she (again very abruptly / rudely) advised me that Credits were different to Contributions, and I hadn't 'contributed' and as I had a Husband who worked, I wouldn't be able to claim JSA either (not that I could anyway, given my Health issues) and the Government deemed I had enough Income to live on, courtesy of my Husbands wage.
This all came as a shock to me. So, apart from a small increase in Tax Credits, I don't think there is any other 'help' I can claim? Does anyone have any further information or advise for me on this matter please?
(She also stated that I needed to go through the whole process of filling in the Assessment Form and attending the Atos Medical Appointments to gain Credits towards my State Pension. If this is correct, I wont be getting a State Pension, because I can't possibly put myself through all of this for that reason. It's a form of Mental Torture. I have an 8 year old child, I thought Child Benefit meant that I was entitled to NI Credits until she is 12, towards State Pension?)
ANY advice would be appreciated. Apologies for lengthy post.

makinprogress wrote: Thank You both for your replies. After a good few days of reflection / depression and many tears, I visited my GP who advised me to re-apply for ESA. I reluctantly 'phoned and completed the process over the phone. (the 'advisor' was very abrupt, verging on rude, which only makes matters even worse). I received the paperwork through the post, saying I needed to supply a Fit Note, which I obtained today, only to receive more correspondance through the post, stating that I wouldn't be paid ESA because I hadn't enough NI contributions / credits. After telephoning again, and explaining I had been on Long Term Incapacity Benefit for 12 years, and thought I had NI Credits, she (again very abruptly / rudely) advised me that Credits were different to Contributions, and I hadn't 'contributed' and as I had a Husband who worked, I wouldn't be able to claim JSA either (not that I could anyway, given my Health issues) and the Government deemed I had enough Income to live on, courtesy of my Husbands wage.
This all came as a shock to me. So, apart from a small increase in Tax Credits, I don't think there is any other 'help' I can claim? Does anyone have any further information or advise for me on this matter please?
(She also stated that I needed to go through the whole process of filling in the Assessment Form and attending the Atos Medical Appointments to gain Credits towards my State Pension. If this is correct, I wont be getting a State Pension, because I can't possibly put myself through all of this for that reason. It's a form of Mental Torture. I have an 8 year old child, I thought Child Benefit meant that I was entitled to NI Credits until she is 12, towards State Pension?)
ANY advice would be appreciated. Apologies for lengthy post.

Hi mp,

On the face of it, what you have been told over the phone seems to be correct.

If you were in receipt of IB for 12 years prior to your unsuccessful transfer over to ESA, you would have only been receiving NI Credits.

As you were formerly in receipt of IB then that means that the assessment rate of ESA that you would have been paid would have been Contribution Based (CB) ESA :

What will I be transferred to?

As a result of The Welfare Reform Act 2012 payment of CB ESA either in The WRAG or at the assessment rate is limited to 365 days.

If you have exceeded the 365 days of payment, that would be why you were no longer entitled to payment of CB ESA, but you would be entitled to NI Credits towards you State Pension.

As they rightly stated to remain entitled to NI Credits, you would have to maintain a continuous live ESA Claim, and comply with any reassessments, ESA50's, or face to face assessments if required.

Whilst in receipt of NI Credits only you would not have to comply with any Work Related Activity, if you were placed into The WRAG.

However, if you can gain access to The Support Group (SG) your CB ESA payments may be reinstated, and remain in payment for as long as you are in The SG. :

12 Month Limit for ESA(CB)

As your husband works, it would seem that you are not entitled to Income Related ESA :

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

How long has it been since the date of the Tribunal's decision ?

Please reply to this topic if you have any further queries.

bro58

Hi mp,

I should just add, that in addition to the options that I have already posted.

You could make a claim for PIP.

This is totally independent of ESA, you do not need a fit note, and your husband's work/earnings, or any capital, assets or savings that you may have will not have any effect on PIP :

PIP Claims Guide. (2nd Link on page)

PIP information, including PIP Self Test

PIP Topic Thread in Spotlight Area

bro58