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ESA tribunal help pls!

Former MemberFormer Member Posts: 1,876,324 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!!

Comments

  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    You know when six months ago I said get a benefits specialist to help you? That.

    Look up the rules before you go. It's about getting points. Make sure you know what descriptors you want to meet.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    I did and she didn't really help that much. But I went, my doctor gave me a really helpful letter which I think they took into consideration. I just need to wait now for the decision :/
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Did they say they'll let you know? If they did you can usually fairly safely assume that your appeal has been rejected. Certainly when I've represented at appeals if their decision is favourable they give you it there and then.

    Sorry.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    :(

    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?
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    You'll have to wait for the decision papers to come through and then apply again.

    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.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    I'll have to wait a month before its 6 months after the medical, but I have gotten worse. I just feel like I'm going around in circles here and no really getting the help I need from doctors/DWP/etc. Whats the bloody point?
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Miss_Riot wrote: »
    :(

    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?

    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.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    If you've not read the ESA descriptors you should. Almost impossible to get it without serious mental health problems, such as self injury. Even then can be hard. But then I said all this six months ago and the rules have only got stricter. That's how it is.

    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.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Also, ShyBoy, the rules on JSA agreements are also much stricter. They do care now; if you try and restrict what types of work you do, chances are the Advisor will refuse to treat you as genuinely looking for full time work.

    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.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Fair enough, when I went about 6 months ago they told me if there was any limitations I had for health reasons or otherwise they'd take that into account and crucially they they couldn't force me to take a job if I had legit reasons for not taking it (but I had to prove I was trying).
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    ShyBoy wrote: »
    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.

    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.

    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.

    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.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Plus I'm still signed off for 3 months. I don't know if I can claim JSA cos I'm still signed off and I know my doc won't un-sign me off. If I could try to ease myself in to working under 16 hours a week and go from there, but I don't think I could get income support. I really don't know what to do. I'm seeing my support worker next week so I'll she what she says.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Income support is for carers and lone parents of children under 5.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    The doctor considers whether you are well enough to do your job; the DWP consider if you're well enough to do any job. Important distinction.

    Your choice is JSA or proving you are more unwell than when you applied for ESA before
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    I think you should keep going with it. I know at least two or three people with mental health problems in the support group for ESA who are students. I've done a couple of part time evening courses myself whilst a full time day patient in the mental health system claiming benefits.

    Good luck hon :)
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Before doing anything understand the descriptors. If you don't know the rules then you can't argue about how they apply to you.

    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.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    I seem to remember that your GP can issue a fit note saying you can do this, need adjustments for this, etc.

    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.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Panic over! They've out me the the work related activity group which is better than nothing. I'll just have to see what they do next
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    So glad for you. I heard that the work related activities associated with it aren't actually up and running everywhere yet so you might be left alone now. Even if you have to go to the appointments they don't make you get a job apparently.

    :)
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Randomgirl wrote: »
    So glad for you. I heard that the work related activities associated with it aren't actually up and running everywhere yet so you might be left alone now. Even if you have to go to the appointments they don't make you get a job apparently.

    :)

    They should be up and running. They can make you get a job; but will prepare you for work.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    That's surprisingly good news. Never seen it, but then I've never been to a tribunal where no adviser has been there!

    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!
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    I think it's mainly on the physical side that they've given it to me, there's very little notes with the letter I've got but i'm just glad I've got it. I'm totally up for training and doing things that will prepare me to work. I don't want to be sat on my arse forever I want to be doing something with my life, but be able to get better
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    The letter should say why you've got the award; it'll be a list of letters and numbers. They relate to the descriptors in ESA legislation.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    They stated the legislation but didn't say exactly what meant i met those requirements. Doesn't really matter at the end of the day.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    NO, they don't say that. You either meet it or you don't.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    ESA Tribunal

    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:
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Go to your local CAB
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    :thumb: Thanks
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    You'd have to show that there's been an error in law to appeal to the upper tier tribunal.

    Better off just making a new claim.
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