Unsuccessful Tribunal Hearing

Georgina wrote:

I was unsuccessful at my tribunal for ESA and don't know how to proceed now regarding benefits. My doctor signed me off for 2 months which has still got 1 month to go. Do I have to go to the Jobcentre to sign on? How can I do that if the dr has signed me off as unfit for work? I've been getting ESA at the assessment rate since losing the initial appeal.
I have CFS and the tribunal judges didn't seem sympathetic or knowledgable about this illness. I tried to represent myself as I was too tired to arrange representation. This was a big mistake as I got confused, and would advise anyone in my position to get a competant representative.

If more than six months have elapsed since the date of the adverse decision under appeal, claim ESA again. Likewise, you should also claim ESA if your original condition has deteriorated or you have a new medical condition.

You can do this while you consider an appeal to the Upper Tribunal, when you receive the full statement of reasons for the tribunal's decision.

Thank you Jeff. I sent hospital letters with my appeal but they didn't make any difference. I honestly think that the panel just don't believe in CFS/ME from some of the comments made to me.

My appeal was turned down in March. My condition has got worse so I will be able to claim again next month then. Thank you for that advice.

Perhaps if permitted, you could have someone with you who is an expert in CFS and request that they are heard at a further appeal.

Just a thought...may not be allowed though.

BTD

Really feel for you Georgina. I think you should get some expert advice and support - there are CFS/ME organisations that have been up in arms about medical assessments for a long time.

I agree with Derek that it is how your illness effects your ability to function that should be taken into consideration - not the controversial question as to what causes the condition(s).

Fluctuating conditions are supposed to be taken into account in assessments. It's neither here nor there that you have good days, if a lot of the time you struggle to get out of bed, concentrate, get anything done etc.

Not only do you receive less money on JSA than on ESA (once you get beyond the assessment rate), you have to ask yourself whether you think you are up to the JSA regime; signing on every two weeks etc? Crazy Diamond is right to suggest re-applying for ESA whilst considering taking your appeal to the next level.

ask your GP for all your reports. contact your local welfare rights office and they will help you out.

ask for the staitment of reasons for your appeal. welfare rights can ask for your appeal to be put aside so it can be done again.

my welfare rights officer contacted the UT and i won. just waiting for the date for the next hearing