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25 May 2017
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TOPIC: Tribunal hearing for ESA

Tribunal hearing for ESA 2 years 7 months ago #125189

Hi,
what should I wear for my ESA tribunal hearing ? It is on Friday and I have mobility and back problems.
thanks

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Last Edit: by bro58.

Tribunal hearing for ESA 2 years 7 months ago #125192

Debbie wrote: Hi,
what should I wear for my ESA tribunal hearing ? It is on Friday and I have mobility and back problems.
thanks


Hi D,

There is a passage from page 28 onwards of our : Employment and Support Allowance mandatory reconsiderations and appeals.

40 page guide to mandatory reconsiderations and appeals for ESA, for decisions made on or after 28 October 2013.

On this page : www.benefitsandwork.co.uk/help-for-claimants/esa1#claims

Under the heading : "Preparing yourself for the hearing"

In particular, see the comments on Page 29 under heading "What to wear"

Basically, observations may be made, and assumptions may then be made from said observations.

As you have mobility and back problems, questions will be asked regarding how you got to the Tribunal, etc. Obviously the way that you move will be observed, and if you have problems sitting and standing, the Tribunal may observe whether your actions are in line with said limitations.

Have a look through the following :

DRUK Factsheet - Appeals Hearings and How to Prepare for them.

MOJ Video of ESA Appeals Process and Tribunal

&

Preparing for a Tribunal

Good luck on Friday, and please let us know how it went.

bro58

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: by bro58.

Tribunal hearing for ESA 2 years 7 months ago #125197

I will let you know how I get on
debbie

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Tribunal hearing for ESA 2 years 7 months ago #125368

Well well well, I am just posting that I was today put in the support group for ESA ask my tribunal hearing.I am really excited and the doctor and judge were very nice and although I was nervous I soon became at ease with the situation.it was explained in the first 5 mins how the decision was going by what the judge was saying. He mentioned that my 24 years of medical evidence showed the truth over and over again and clearly that I had a mobility problem which put me in the walking/ mobility descriptor..Thank you so much for all your advice from benefitsandwork site.it has been most useful and I will continue to be a member.


Now in the support group I understand that I no longer have to send a fit note to the DWP ? Is this correct ?

Also next week I am having back surgery....


thanks again
Debbie

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Last Edit: by Gordon.

Tribunal hearing for ESA 2 years 7 months ago #125369

Debbie

Congratulations on the award.

Although you are now in the Support Group, until the DWP start paying you at the SG rate you need to maintain an "active" Fit Note, I assume you were originally found Fit for Work, as the ESA payment system requires one to be registered on the system, once you are in receipt of SG payments then you should not need to provide one.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Tribunal hearing for ESA 2 years 7 months ago #125468

Hi Gordon,
I was originally migrated over from IB to ESA and when I had my assessment I was given 0 points and found fit for work.i would advise claimants never to give up and fight for what you deserve,like I did and was awarded support Group at tribunal.Thanks to benefitsandwork.
After being found fit for work I had to send a fit note, my existing fit note was for 6 months and runs out in Feb 15 . I hope by then I will have received my back payments.

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