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Questions re ESA Tribunal
- Darthcranium
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10 years 9 months ago - 10 years 9 months ago #107006 by Darthcranium
Questions re ESA Tribunal was created by Darthcranium
Sorry to ask!
There's an overwhelming amount of information out there and it's definitely more than my injured brain can make sense of.
My ESA (CB) stops this month and I am at my wits end.
As far as I understand it I won't be able to claim JSA as I'm in no way shape or form able to do paid work and therefore can't apply for it and even if I was well enough to be able to apply for and do work because I have been on ESA I haven't been making any NI contributions.
I have my tribunal on Wednesday and am struggling not to be overwhelmed by it all.
I've googled and searched but have a couple of questions.
I'm going with my Occupational Therapist and my girlfriend to help me get there and to generally hold my hand.
Will they be able to give evidence?
Will this be in the form of a statement at the end or will they be questioned?
Will they be able to help me answer questions, by reminding me of examples to prove a point?
Does Reg 29(b) only apply to getting ESA to start with or can it be used to move from the WRAG to the Support Group?
I have been sweating tears going through all the descriptors and hopefully will be able to get 15 points in one of them.
At the initial ATOS exam I was scored 9 9 9 6 and 6, but I think one of the descriptors was ignored.
The whole thing is massively confusing especially to someone with cognitive problems.
Many thanks in advance for any wisdom, help and sympathy.
DC
There's an overwhelming amount of information out there and it's definitely more than my injured brain can make sense of.
My ESA (CB) stops this month and I am at my wits end.
As far as I understand it I won't be able to claim JSA as I'm in no way shape or form able to do paid work and therefore can't apply for it and even if I was well enough to be able to apply for and do work because I have been on ESA I haven't been making any NI contributions.
I have my tribunal on Wednesday and am struggling not to be overwhelmed by it all.
I've googled and searched but have a couple of questions.
I'm going with my Occupational Therapist and my girlfriend to help me get there and to generally hold my hand.
Will they be able to give evidence?
Will this be in the form of a statement at the end or will they be questioned?
Will they be able to help me answer questions, by reminding me of examples to prove a point?
Does Reg 29(b) only apply to getting ESA to start with or can it be used to move from the WRAG to the Support Group?
I have been sweating tears going through all the descriptors and hopefully will be able to get 15 points in one of them.
At the initial ATOS exam I was scored 9 9 9 6 and 6, but I think one of the descriptors was ignored.
The whole thing is massively confusing especially to someone with cognitive problems.
Many thanks in advance for any wisdom, help and sympathy.
DC
Last edit: 10 years 9 months ago by Gordon.
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10 years 9 months ago #107009 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Questions re ESA Tribunal
Darth
Have you checked to see whether you are eligible for Income Related ESA, because if you are, payment will continue after your ESA(CB) ends?
The rules for claiming JSA are substantially the same as they are for ESA, so if you were eligible for JSA, then it would likely mean that you were also eligible for ESA in some form.
In answer to your questions.
Your companions may be able to give evidence it will be at the discretion of the judge, if they are allowed, then it will most likely be in the form of a statement at the end of the hearing.
As a general rule of thumb, Tribunal panels do not like companions assisting the claimant to answer questions unless it is necessary due to the disabilities of the claimant. If this is the case for you, then you should speak to the Clerk of the Court before the hearing, again it will be at the discretion of the judge.
Not all of the 15 point descriptors will result in a placement in the Support Group, so make sure you understand which ones will, the guides explain this.
Regulation 29 applies to the WRAG, as you are appealing to be placed in the Support Group you need to look at Regulation 35, again refer to the guides for a full explanation.
If you have more questions, please reply to this post.
Best of luck
Gordon
Have you checked to see whether you are eligible for Income Related ESA, because if you are, payment will continue after your ESA(CB) ends?
The rules for claiming JSA are substantially the same as they are for ESA, so if you were eligible for JSA, then it would likely mean that you were also eligible for ESA in some form.
In answer to your questions.
Your companions may be able to give evidence it will be at the discretion of the judge, if they are allowed, then it will most likely be in the form of a statement at the end of the hearing.
As a general rule of thumb, Tribunal panels do not like companions assisting the claimant to answer questions unless it is necessary due to the disabilities of the claimant. If this is the case for you, then you should speak to the Clerk of the Court before the hearing, again it will be at the discretion of the judge.
Not all of the 15 point descriptors will result in a placement in the Support Group, so make sure you understand which ones will, the guides explain this.
Regulation 29 applies to the WRAG, as you are appealing to be placed in the Support Group you need to look at Regulation 35, again refer to the guides for a full explanation.
If you have more questions, please reply to this post.
Best of luck
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Darthcranium
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- Darthcranium
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10 years 9 months ago - 10 years 9 months ago #107016 by Darthcranium
Replied by Darthcranium on topic Questions re ESA Tribunal
Thanks, Gordon
Unfortunately (and thankfully!) my girlfriend works more than 24 hours a week so I'm not eligible for Income Related ESA.
We did try to work out if we would be better off if she cut her hours down. How's that for a benefit trap.
I thought that JSA and ESA would be at odds with one another? Is a person either too ill to work or not?
I'm thinking that if I was to try and claim JSA then I would be declaring myself "fit for work"?
Thanks for the heads up re speaking to the Clerk. I find it very hard to hold conversations as my brain doesn't go quickly enough to take all the information in and form sentences and it's likely that I will forget to say very important things.
There's an awful lot of horror stories out there regarding the formality of the tribunal, despite the cuddly nature of the youtube video (produced by the tribunal service?)
What is Regulation 35? I'd really appreciate it if you could put up a link? I've only ever come across 29(b).
Many thanks
DC
Unfortunately (and thankfully!) my girlfriend works more than 24 hours a week so I'm not eligible for Income Related ESA.
We did try to work out if we would be better off if she cut her hours down. How's that for a benefit trap.
I thought that JSA and ESA would be at odds with one another? Is a person either too ill to work or not?
I'm thinking that if I was to try and claim JSA then I would be declaring myself "fit for work"?
Thanks for the heads up re speaking to the Clerk. I find it very hard to hold conversations as my brain doesn't go quickly enough to take all the information in and form sentences and it's likely that I will forget to say very important things.
There's an awful lot of horror stories out there regarding the formality of the tribunal, despite the cuddly nature of the youtube video (produced by the tribunal service?)
What is Regulation 35? I'd really appreciate it if you could put up a link? I've only ever come across 29(b).
Many thanks
DC
Last edit: 10 years 9 months ago by Gordon.
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10 years 9 months ago #107021 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Questions re ESA Tribunal
Darth
To be clearer in regard to JSA/ESA
If you do not qualify for ESA(CB) because of a lack of NI Contributions in the required years and ESA(IR) due to your partners working hours then it is very unlikely that you will be eligible for JSA, irrelevant of whether you are able to meet the job seeking requirement, as the eligibility criteria for JSA are very similar to ESA.
The Governments impact analysis of the time limiting of ESA(CB) expected some 400,000 claimants to be lose all entitlement to ESA/JSA.
Regulation 35 is the equivalent of Regulation 29, but for the Support Group rather than the WRAG, so you will need to show that Work Related Activity would pose a danger to your health, it is explained in more detail in the ESA Claim guides in the section Three ways to get into the Support Group.
Gordon
To be clearer in regard to JSA/ESA
If you do not qualify for ESA(CB) because of a lack of NI Contributions in the required years and ESA(IR) due to your partners working hours then it is very unlikely that you will be eligible for JSA, irrelevant of whether you are able to meet the job seeking requirement, as the eligibility criteria for JSA are very similar to ESA.
The Governments impact analysis of the time limiting of ESA(CB) expected some 400,000 claimants to be lose all entitlement to ESA/JSA.
Regulation 35 is the equivalent of Regulation 29, but for the Support Group rather than the WRAG, so you will need to show that Work Related Activity would pose a danger to your health, it is explained in more detail in the ESA Claim guides in the section Three ways to get into the Support Group.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Darthcranium
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10 years 9 months ago #107023 by Darthcranium
Replied by Darthcranium on topic Questions re ESA Tribunal
Thanks Gordon
When you wrote
as the eligibility criteria for JSA are very similar to ESA.
I thought you meant medical criteria. Now I understand you meant NI contributions.
I found Reg 35, it looks not very different to Reg 29 I will read it all again.
Thanks
When you wrote
as the eligibility criteria for JSA are very similar to ESA.
I thought you meant medical criteria. Now I understand you meant NI contributions.
I found Reg 35, it looks not very different to Reg 29 I will read it all again.
Thanks
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