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Thread: Withdrawing esa tribunal appeal help

  1. #1
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    Withdrawing esa tribunal appeal help

    Hi guys after fighting for esa for the last 18 months and getting to the tribunal stage I have decided to opt out reasons been it is physically and emotionally draining for me and I have just had enough and want to try and get on with my life,but I’m not sure how it works do I just phone the courts up or should I write in person? any help appreciated xx

  2. #2
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    ive been there DONT give up , even if you just turn up sit there and nod you have a great chance of success .
    everyone feels mentally exausted with all this but dont turn back now .

  3. #3
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    Quote Originally Posted by druid View Post
    ive been there DONT give up , even if you just turn up sit there and nod you have a great chance of success .
    everyone feels mentally exausted with all this but dont turn back now .
    Thanks so much for the reply I really appreciate it but as stated in a previous post I have to much to lose and that along with all the pressure just feels like it’s not worth it thanks for your advice though xx

  4. #4
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    Understandably I think you are in 'panic mode'.

    Looking at your previous thread it seems you have had a bad tribunal experience where the judge questioned your award for PIP as it did not tally with your ESA form/assessment.

    Also you say that your PIP award was 16 months after your ESA assessment and your health has deteriorated since then.

    These appear to be the facts.

    Once the tribunal panel has these facts then the tribunal can go ahead as 'normal' for your ESA award.

    If the panel again queries your PIP award at the adjournment politely point out that you have waited 18 months for your ESA tribunal, your health has deteriorated since then and your PIP assessment was 16 months after your ESA assessment.

    I cannot see that there is any chance that your PIP award will be taken away in the above circumstances.

    Whether you will be awarded ESA is not the question here. That I cannot guess as I do not know your health problems and PIP awards are no guarantee of an ESA award as they are two separate benefits with different criteria.

    So, you have nothing to lose, in my opinion. In the event that ESA is not awarded then you would be able to reapply as it seems your condition has significantly worsened (a topic for another day)

    Are you receiving any support from a welfare advisor/CAB?

    Can someone accompany you to the tribunal?

    It is easy for us to say 'don't give up' but I understand it is not as simple as that so let's look at the alternative.

    Can you manage financially without an ESA award? Is this a contribution based award only and do you have savings/financial support?
    I try my best

  5. #5
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    you could contact the tribunal services and ask them to do a paper hearing where you do not attend.

  6. #6
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    Slipmaster Thanks I wasn’t aware I could do that xx

  7. #7
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    Quote Originally Posted by pmlindyloo View Post
    Understandably I think you are in 'panic mode'.

    Looking at your previous thread it seems you have had a bad tribunal experience where the judge questioned your award for PIP as it did not tally with your ESA form/assessment.

    Also you say that your PIP award was 16 months after your ESA assessment and your health has deteriorated since then.

    These appear to be the facts.

    Once the tribunal panel has these facts then the tribunal can go ahead as 'normal' for your ESA award.

    If the panel again queries your PIP award at the adjournment politely point out that you have waited 18 months for your ESA tribunal, your health has deteriorated since then and your PIP assessment was 16 months after your ESA assessment.

    I cannot see that there is any chance that your PIP award will be taken away in the above circumstances.

    Whether you will be awarded ESA is not the question here. That I cannot guess as I do not know your health problems and PIP awards are no guarantee of an ESA award as they are two separate benefits with different criteria.

    So, you have nothing to lose, in my opinion. In the event that ESA is not awarded then you would be able to reapply as it seems your condition has significantly worsened (a topic for another day)

    Are you receiving any support from a welfare advisor/CAB?

    Can someone accompany you to the tribunal?

    It is easy for us to say 'don't give up' but I understand it is not as simple as that so let's look at the alternative.

    Can you manage financially without an ESA award? Is this a contribution based award only and do you have savings/financial support?
    Thanks for the detailed reply I appreciate it,I doubt I could manage without esa as I’m unable to work and my husband is my full time carer plus if I was to win the appeal I would be due some back pay aswell which would really help with making adaptations etc,my husband came with me to the last tribunal but I wouldn’t attend again as it took to much out of me and I literally slept for 14 hours straight when I got back I just physically can’t go again,the judge was very rude to me and made me feel like a fraud tone honest but every one I have spoken to have told me she was probably trying to scare me

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