E.S.A. Tribunal - outcome

I have just received notification of my outcome. After the medical I was awarded just 6 points for things taking me one and a half times longer than someone with no problems, to do things.

Due to an employment tribunal, I had to see a top M.E. specialist who reported that I had M.E. and was disabled under the D.D.A. He also reported that I would not be able to work and in the report went on to say just why and that my work would NOT be able to make reasonable adjustments as there were none they could make to enable me to work even part time.

At my appeal I stated that I could NOT stand for 30 mins without needing to sit down and rest and that on an average day I could walk between 100 - 200 metres before needing a rest and on a bad day only up to 50 metres.

The appeal tribunal awarded me 6 points for the walking and upheld the 6 points for things taking me time and a half more than 'able' people, bringing me up to 12 points, but no more.

I feel completely beaten and do not know what else I could have done. I produced the medical report which is very explicit but they do not seem to have taken this into consideration at all.

Is there really any point to appealing this latest decision????

Also, what does this latest decision mean for me. Will they just stop my E.S.A? Do I have to apply for J.S.A Am I expected to look for full-time work, which is just not possible for me at all???

I am so completely overwhelmed and would appreciate any advice you can give me.

M.E Sufferrer wrote:

I have just received notification of my outcome. After the medical I was awarded just 6 points for things taking me one and a half times longer than someone with no problems, to do things.

Due to an employment tribunal, I had to see a top M.E. specialist who reported that I had M.E. and was disabled under the D.D.A. He also reported that I would not be able to work and in the report went on to say just why and that my work would NOT be able to make reasonable adjustments as there were none they could make to enable me to work even part time.

At my appeal I stated that I could NOT stand for 30 mins without needing to sit down and rest and that on an average day I could walk between 100 - 200 metres before needing a rest and on a bad day only up to 50 metres.

The appeal tribunal awarded me 6 points for the walking and upheld the 6 points for things taking me time and a half more than 'able' people, bringing me up to 12 points, but no more.

I feel completely beaten and do not know what else I could have done. I produced the medical report which is very explicit but they do not seem to have taken this into consideration at all.

Is there really any point to appealing this latest decision????

Also, what does this latest decision mean for me. Will they just stop my E.S.A? Do I have to apply for J.S.A Am I expected to look for full-time work, which is just not possible for me at all???

I am so completely overwhelmed and would appreciate any advice you can give me.

Hi,

i am sorry to hear of your sadly failed tribunal.

As you have been to a 1st Tier tribunal, the only way to be able to further progress the issue is if the tribunal has erred in law. In order to ascertain whether this has occurred, it would necessitate obtaining from the tribunal the 'statement of reasons' and then going through this with a welfare rights adviser to see if there are any errors in law. Only if there is/are such errors can an appeal be taken to the Upper Tier.

Sadly if there are no errors in law, then that appeal can go no further.

With regards as to what you can do now, other than the actions mentioned above, your options are somewhat limited. Your ESA Assessment Rate will also stop.

If your condition has deteriorated since you first claimed, you may be able to eventually put in a new claim for ESA however you will have to be able to show there has been deterioration.

You may also be able to claim JSA, however this does depend on your previous NI contributions/credits and whether you can meet the requirments for claiming such as looking for work etc.

Overall though, you could do to obtain some face to face advice from a Welfare Rights Adviser/CAB/Community Legal Services asap, who can go through all your personal options including as I mentioned above whether there are any errors in law with regard to your recent tribunal.

Pete

M.E Sufferrer wrote:

I have just received notification of my outcome. After the medical I was awarded just 6 points for things taking me one and a half times longer than someone with no problems, to do things.

Due to an employment tribunal, I had to see a top M.E. specialist who reported that I had M.E. and was disabled under the D.D.A. He also reported that I would not be able to work and in the report went on to say just why and that my work would NOT be able to make reasonable adjustments as there were none they could make to enable me to work even part time.

At my appeal I stated that I could NOT stand for 30 mins without needing to sit down and rest and that on an average day I could walk between 100 - 200 metres before needing a rest and on a bad day only up to 50 metres.

The appeal tribunal awarded me 6 points for the walking and upheld the 6 points for things taking me time and a half more than 'able' people, bringing me up to 12 points, but no more.

I feel completely beaten and do not know what else I could have done. I produced the medical report which is very explicit but they do not seem to have taken this into consideration at all.

Is there really any point to appealing this latest decision????

Also, what does this latest decision mean for me. Will they just stop my E.S.A? Do I have to apply for J.S.A Am I expected to look for full-time work, which is just not possible for me at all???

I am so completely overwhelmed and would appreciate any advice you can give me.

How did you do at the employment tribunal ? did they find in your favour ?If they did, have you a report finding in your favour ?

Hi Pete

Thanks for your reply and advice.

I have already e-mailed asking for a statement of reasons for the appeal Tribunal and guess I will have to wait to see what it says. Hopefully, I will have grounds for taking it further.

In the meantime I was very concerned to see what you had said about receiving JSA. All, I know is, before becoming ill with ME, I had worked full-time for years and hadn't claimed any benefits.

I'm left feeling very helpless and even that I am being punished for becoming ill.

Thanks again for your reply.

Debbie

M.E Sufferrer wrote:

Hi Pete

Thanks for your reply and advice.

I have already e-mailed asking for a statement of reasons for the appeal Tribunal and guess I will have to wait to see what it says. Hopefully, I will have grounds for taking it further.

In the meantime I was very concerned to see what you had said about receiving JSA. All, I know is, before becoming ill with ME, I had worked full-time for years and hadn't claimed any benefits.

I'm left feeling very helpless and even that I am being punished for becoming ill.

Thanks again for your reply.

Debbie

Hi,

soorry if I have caused you further turmoil re claiming JSA. There may also be other means tested benefits you maybe able to claim, but whether you can claim them is quite person specific and depends on your own circumstances.

Therefore obtaining face to face advice is really essential, both to see what you may be entitled to and also go through the Statment of Reasons which fortunately you have already asked for.

Regards

Pete

The main part of my employment tribunal claim was for my company failing to make reasonable adjustments to aid my return to work.

As the report from the specialist said that there were NO reasonable adjustments they could have made due to my ME being so severe, I had to drop that aspect of the case. My remaining case for constructive dismissal was settled out of court just last week.