ESA Tribunal

I have been diagnosed with Neuropathic pain syndrome, I am unable to walk without a stick and then only for a few yards, I have had to buy all sorts of gadgets for the home as my hands are so painful, I am unable to do but the most lightest of housework and then suffer for it afterwards. I am on Gabapentin, Meloxicam and Nortriptyline but they make me drowsy, lethargic, feel sick and do not do much to ease the pain. I have come to terms with this and get on with it as best I can. Is this syndrome classed as a disability? I am unable to work and claimed ESA but was refused and was amazed as I already get DLA. I have now disputed their decision and have to attend a tribunal and am so distraught by it all. At my examination I scored 6, I have taken the test on this site and gave the same answers and scored 114. ??? I am so worried about the tribunal, I do not have any 'New' evidence to give to them and have no one to represent me; my partner is coming with me but for moral only as I am under the assumption that he is not allowed to speak. Any advice?[/size]

Hi Lynn

The DWP must consider that you have a disability or you would not have scored points at the medical.

Please read the ESA appeal guide that you will find in the 'Help for claimants' section. You do have the right to take a witness to the tribunal and I am sure the tribunal would be interested to hear from your partner, as he will obviously have valuable evidence to give.

I would suggest that you tell the Clerk to the tribunal who will speak to you before the hearing, that your partner is present as a witness and you would like him to speak.

Also consider obtaining any supporting evidence from your GP to send to the tribunal, but don't worry if you can't. Jim, who's been a DLA tribunal member for many years has often said that most appeals are won as a result of what the appellant has to say at the tribunal, rather than addition evidence on paper.

Good luck

Derek

Hi,

Just wanted to thank DEREK for his advice.

I have an ESA claim going on and am awaiting a date for my tribunal, since my original claim my heath has worsened and I have just read that should this occur it will not be taken into consideration at the tribunal and that I have to make a new claim. Is this the case?

Lynn

Hi Lynn

I'm afraid tribunals can't consider circumstances since the date of the adverse ESA decision. If you've made a new claim for ESA and have to attend a medical, your deterioration in health will of course be considered for your new claim.

Good luck with your appeal, I hope you don't have to wait too long for a hearing.

Derek