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ESA tribunal help pls!
Former Member
Posts: 1,876,323 The Mix Honorary Guru
I have my tribunal tomorrow, and I'm shitting a brick about it because of the alternative. I have the support of my doctor but I really don't know if it's enough.
Any tips about what I should and shouldn't say? I have my mother and my support worker coming with me but I'm seriously worried about it.
Help!!
Any tips about what I should and shouldn't say? I have my mother and my support worker coming with me but I'm seriously worried about it.
Help!!
0
Comments
Look up the rules before you go. It's about getting points. Make sure you know what descriptors you want to meet.
Sorry.
If thats the case what do I do next? My doctor isn't happy about me working and I don't feel well enough to work. What do I do?
If 6 months hasn't passed since the initial medical, you can only make a new claim based on a new or worsening health problem.
From a practical point of view - sign on. At least it's money, and you should still get housing benefit. There may be additional benefits as well you can still claim e.g. mobility allowances.
Signing on is a means to an end - it means you get enough money each week to buy the things you need to keep your head above water. It's not a lot (£56 a week) but after housing benefit should be enough to keep you going.
The job centre can't force you to take work and especially can't force you to take work you are not medically able to do. Your doctors note will probably say that you can't do jobs with loads of different things (long hours, difficult labour, etc.), which means there will be slim pickings at the job centre. They will usually expect you to prove that you've made some effort to find a job, but the requirements vary from person to person. Normally if you can prove you've sent your CV to three people e.g. email printoffs that'll do.
The people there are just box tickers and seldom give a genuine fuck about what you're doing, so just say yes sir, no sir, three bags full sir and sign the form and get your money. Then you can get back to worrying about serious things like your health.
The DWP are only interested in whether you can do ANY job, and if you can study then you can do something, even if it's just data entry in a call centre.
Youc an keep applying if you want, but if you can study you will not meet enough descriptors to get it. It's as simple as that.
Also bear in mind that full time HE students usually cannot claim JSA and that part time or FE students will be expected to abandon their course for work.
That's assuming she can. Some people (I do know someone this has happened to) are found fit for work; but are too sick to claim ESA.
You will get sanctioned if you've not done enough. I was accused of this last year. Some numpty had deleted the stuff relating to my disabilities.
Your choice is JSA or proving you are more unwell than when you applied for ESA before
Good luck hon
Students can get ESA, I've secured it for some students with mental health problems. But they have been extremely poorly- self injury and repeated suicide attempts- and even then it was a struggle.
DWP would probably argue that if you're well enough to be in college a few days a week, there's no reason why you can't work.
They should be up and running. They can make you get a job; but will prepare you for work.
The work related activity group means you can be compelled to do activities designed to help you find work, such as training courses and the like. But you cannot be compelled to get a job. Just tell A4E to fuck off!
I had my Tribunal on Friday 30th August! And I lost!! I didnt have the right paper work!! Can I re-appeal...am I STILL entitled to housing benefit...and what benefits can I claim NOW so that I can survive the next few weeks! :shocking:
Better off just making a new claim.