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Thread: Lost ESA Tribunal Appeal

  1. #1
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    Lost ESA Tribunal Appeal

    Hi everyone,

    On January 15th I was told that I hadn't scored enough points and that I would be losing my ESA. I appealed this decision and have waited as patiently as possible to hear back. I'm currently in Scotland visiting my boyfriend for his birthday, so I asked that my Mom open any mail for me while gone. She told me yesterday that a 90 page letter arrived from DWP informing me I have lost my appeal.

    I received a letter at the end of June asking if I wanted to attend a hearing. I replied saying that I did not as my anxiety is too bad for me to handle sitting in a room with strangers, especially strangers judging me on whether or not I'm sick enough to work and gave further evidence on my issues.

    The odd thing is, my Mom says the first page of the letter is dated July 23rd, 2013.. but some of the other pages (if not all, I don't remember and I'm not there to see it right this second) are dated April 22nd, 2013. Does this ever happen? I'm confused as to why there are two dates on pages. It's almost as if they pre-decided I'd not win the appeal.

    I suffer from anxiety, depression, IBS, all over unexplained body pain, migraines, etc. I'm having a liver biopsy on August 5th, as it's suspected I may have Auto Immune Hepatitis (when the immune system attacks the liver), Rheumatoid Arthritis, Fibromylagia and M.E/CFS have all been thrown around, but thus far I have no official diagnosis.

    My question is this: What do I do now? What are my options?

    I googled briefly last night when I couldn't sleep and some places online I've seen say that I can re-apply because the 6-month date starts from when they first deny you -- which for me is January 15th. But others say it's from the date of losing your appeal.

    Can I appeal the appeal?

    Am I entitled to Income Support or anything else if I'm not getting ESA? I claim DLA, get middle care and high mobility, but I don't think I'm entitled to any other benefits, am I? I've supplied them with all the sick notes they've required -- my last one has me signed off past November 2013. I don't know what I'm going to do.

    Please can someone help me or give me some advice.

  2. #2
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    It's 6 months from when you were first told you hadn't been awarded ESA, so you should be able to reapply now.

  3. #3
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    Quote Originally Posted by seriouslyfedup View Post
    It's 6 months from when you were first told you hadn't been awarded ESA, so you should be able to reapply now.
    ohh, its from when you first get told you've been failed? so as most people usually wait around a year for their hearing that means if they lose they can reapply for ESA straightaway???

  4. #4
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    "She told me yesterday that a 90 page letter arrived from DWP informing me I have lost my appeal."

    That sounds more like your Appeal information pack, its basically a mixture of all the forms that you have sent to them in the past combined with the Atos files and files from the DWP showing how they came to the decision that they don't think you are entitled to ESA. they send this huge bulk to the tribunal and send you a copy too. as they asked you later if you wanted to attend a hearing it seems like that really was the appeal pack and you hadn't lost the appeal at that stage.

    how and when did you find out you had failed the appeal? did they send you another letter after you told them you couldnt attend the hearing or are you still waiting for a reply. if you sent further evidence then don't fret, sometimes that could be enough. and as you've told them you cant attend because of your illness you might be successful in winning outside of court (however they say your chances are higher if you attend the hearing). either way, don't assume the worst just yet if they haven't said anything. nothing is impossible.

    and yes, before you reapply you could appeal the appeal at the Upper Tribunal but i don't know if that has made any difference for many people.

  5. #5
    Senior Member sea queen's Avatar
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    Sorry about all your worries and hope they get sorted soon.

    What I still don't get is that a person fails to get ESA because they haven't enough points?
    Sea Queen

  6. #6
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    AS advised by sfu: You can make a fresh application for ESA, as it's 6months or more from the original decision.

    You can only 'appeal the appeal' on a point of law, this is a job for Lawyers so get advice quickly if you wish to do this as you need to request a statement of reasons from the Tribunal within a month.
    Not attending your own hearing is probably the worse thing you can do to affect your chances of success at a Tribunal, they are generally very experienced and competent at dealing with people with more serious MH issues than what you have indicated above. I've done a few and found them to be nothing but extremely courteous and professional.

    I think it unusual you have been awarded DLA at MC & HM without a proper diagnosis, can you elaborate on this ???.

    Personally I think your best bet is to reapply, all the best with it.

  7. #7
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    The letter asking whether you require a paper or oral hearing comes directly from the Tribunal Service, it also asks if you require 2 weeks notice or are prepared to accept short notice for an oral hearing, and: it is the last letter you receive before you're (oral) hearing date.

    It is that, that give's me to understand the hearing has gone ahead, paper hearings occur far more quickly than oral hearings, and: the Mother has misunderstood who the letter is from, TS not DWP.


    NB: there is no income support (IS) for new claims now, it is IR income related either ESA or JSA.

    All the various dates on the paper work only relate to the various parts of the process as they occurred, the latest of them being the actual Appeal Hearing.
    Last edited by Jard; 07-27-2013 at 01:44 PM.

  8. #8
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    Quote Originally Posted by sea queen View Post
    Sorry about all your worries and hope they get sorted soon.

    What I still don't get is that a person fails to get ESA because they haven't enough points?
    You need to score 15 points under the (schedule 2) descriptors to be eligible for ESA (WRAG), for SG you also need in addition to that the award of a schedule 3 descriptor no points apply for this.
    Last edited by Jard; 07-27-2013 at 02:09 PM.

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    Thanks for all your replies.

    Am I correct in thinking then that the papers she has received are definitely from the Tribunal Service telling me I have lost my appeal?

    If this is the case, am I correct in thinking that I can re-apply now as I was first told of the decision of losing my ESA on January 15th?

    I'm sorry, my brain is really fogged up and clouded at the moment due to all the stress and worry.

  10. #10
    Senior Member sea queen's Avatar
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    What's the money difference between wrag and support group - is it a lot more in the support group and is the severe disabilitie premium payable or do people in the wrag get it as well.
    Just thinking some people might welcome going out and having a bash at some kind of work as long as it doesn't make them ill.
    Sea Queen

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