Hi all,
I have not been posting at all lately but hope ur all well. i have a question for you a few months ago my ESA was turned down saying im fit to work when previously i was getting the high amount for the RA and Siatica and back pain. I appealled against the decision which has also been turned down, ive been told its now sent to a tribunaral.Does any one know what happens now or what to expect from them. would appreciate the advice

Hiya Zaika ,

Sorry to hear of the issues you are facing .

Firstly you need to make sure that you have actually appealed in the first place . ie have you been told that it is definitely going to Tribunal?
You should also be in receipt of Assessment rate ESA at £65.45 pw.

Secondly i would get in contact with an advice agency as it is probable that they could help you with this , especially as you are on a low income .
With regard to a tribunal , there is an excellent leaflet from Advice Now .. it is about DLA and AA Appeals , however the second part of it applies to ESA and IB Tribunals aswell.

Follow the leaflet from page 9 (with "What Next" at the top).. it describes the process extremely well

Appeals Leaflet

When you receive the appeal pack (as in the leaflet) You will see exactly what evidence the DWP Decision Maker has used to come to the conclusion that you are fit for work .
Ideally when you receive this , get an advice agency to go through the medical report with you to highlight any omissions or inaccuracies, they should be able to prepare a written submission for you which will be sent to the Tribunal Service prior to the date of the Tribunal.

It is advisable that you also collect evidence from your GP , Consultant , and anyone who knows how your condition affects you, and send to the Tribunal .
However bear in mind that the only thing they are interested in are issues that affect the descriptors ESA DESCRIPTORS and issues at the time of the medical only .. not how you are now .

You will also receive an Information form from the Tribunals Service asking various questions , such as do you want to have an Oral hearing (ie for you to be there) or just a written submission. It is always advisable to attend even if a written submission has been done for you, as then the Tribunal can see what issues you face and ask you questions directly.
This form needs to be sent back within 14 days !.

Best advice at the moment is to approach an advice agency NOW! . They will not be able to do much until the Appeal pack arrives , however they will be able to give you an indication of whet level of help theu can give .
The leaflet above should allay any worries about the Tribunal process , it's not as intimidating as the name suggests .

Any problems get back here .
Hope this has helped at the moment :)

Rich :)

Hello Zakia


Rich as always gives a brill response. Leaves me to say GOOD LUCK

Rose