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TOPIC: Successful ESA tribunal appeal, 0 to 18 points

Successful ESA tribunal appeal, 0 to 18 points 5 years 5 months ago #86621

  • stevec
My daughter made a successful ESA appeal on Friday and was awarded 18 points instead of the 0 she was previously awarded. I would like to thank this site for the assistance the manuals and other comments provided to make this possible.

We were told that the DWP could appeal, but if not then I assume she will be eligible for some back dated benefit?

What we are now wondering is what happens next? Is it likely that she will shortly receive another brown envelope and go round the loop again, or will she get some respite for a few months? I'm not sure what the timescales are given that there has been just over 7 months between the original assessment and this tribunal.

I'd also like to make some observations about our experience of the tribunal process itself on the day.

We didn't actually give any additional evidence; the questioning explored in a lot more depth most of the areas that we thought the original assessment had skimmed over. I did try to add some at the end but was immediately cut short by the judge saying he didn't need to hear anything else from me. I thought about challenging this but bit my lip as I somehow had a feeling that we might have a good result. It only took about 20 minutes.

Whilst we were waiting in the car park of the hotel it was being held at we noticed someone walking around with a mobile to his ear. We noticed him and he noticed us; turned out to be the doctor on our panel!

The room layout was very formal, almost confrontational in layout, one long table down one side with the two panel members behind it, with us sitting behind another long table down the other side of the room and a large space between the two tables. I'd like to know who is responsible for setting these rooms out.

Sorry, bit of a long post! Thankyou once again.

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Last Edit: by Mrs Hurtyback.

Re:Successful ESA tribunal appeal, 0 to 18 points 5 years 5 months ago #86624

I am glad that the tribunal found in your daughter's favour. As long as DWP do not appeal to the Upper Tribunal on a point of law (which is unlikely) your daughter will get back pay eventually - but I'm afraid that, like everything else, this is taking a long time at the moment!

As it took 7 months for the tribunal, it is possible that the reassessment will start again quite soon - but let's hope that this doesn't happen and your daughter gets to relax for a while.

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

Re:Successful ESA tribunal appeal, 0 to 18 points 5 years 5 months ago #86655

Hi there Steve,

Congratulations on the positive outcome. Tribunal process sounds similar to mine- not really any way for me to speak/give evidence, but they asked very appropriate,detailed questions, unlike the 'medical'. I do hope you daughter can have a rest from all this for a while. If it's any comfort, I have not had a retest at all for(maybe because I was waiting for Tribunal for 18 months!). All the best to your daughter, and she is blessed to have your support.

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Last Edit: by Mrs Hurtyback.

Re:Successful ESA tribunal appeal, 0 to 18 points 4 years 3 weeks ago #112362

Hi there. I am going to an ESA appeal very shortly and was wondering whether I can bring witnesses with me.

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Last Edit: by Gordon.

Re:Successful ESA tribunal appeal, 0 to 18 points 4 years 3 weeks ago #112373

spreadmeercat wrote: Hi there. I am going to an ESA appeal very shortly and was wondering whether I can bring witnesses with me.


In principle yes, you should inform the Clerk of the Court when you arrive as to who they are and why they are there, however, you should remember that Tribunals do not operate in the same way as a Court of Law, so whilst you will have am opportunity to present to the panel, this is not like a defendant presenting their case. You should also remember that most hearings only take 40-50 minutes to be heard and the judge will be watching the time.

Gordon
The following user(s) said Thank You: spreadmeercat, Angie

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

Successful ESA tribunal appeal, 0 to 18 points 4 years 3 weeks ago #112377

Hi Steve,

I am going to an ESA appeal and like your daughter I was awarded 0 points. I would be grateful if you could tell me how you managed to get 18 points.

Regards

Anthony

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Last Edit: by Gordon.
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Moderators: bro58GordonMrs Hurtyback