ESA Tribunal Appeal Help & Advice.

Ash77

Hi I'm new here.

I've been suffering with my arthritis following a severe flare up in the Autumn of 2023 which sent my inflammation markers into extremely high levels and I was in extreme pain and had limited mobility as a result. A change of medication to a monthly IV infusions of Tocilizumab has sorted out my inflammation but as a result of the consequences it has severely affected my mobility now and ability to day to day activities at the age of 48.

Before this happening I was an active person working full-time 5 days a week and doing volunteering activities at the weekends.

At the same time the severe flare up was going on I was also made redundant from my employment due to my employer retiring and closing down his business. As a result of my flare up and condition since I've not worked since September 2023 as I've not been in a condition to work and felt no one would want to employ me in my condition. I also find it difficult to carry out day to day activities and have to have assistance from my family to help get me dressed put sicks and shoes on and also fetch snd carry things for me due to my limitations.

I lived on my redundancy for a while and also applied for PIP which at first was turned down for but after submitting some further evidence from my Rheumatology Consultant they changed their decision and I was award the standard living and mobility allowance. I was then also advised to apply for Employment Support Allowance (ESA) which I was awarded but the following submitting the ESA50 questionnaire and having a telephone assessment regarding the questionnaire and the telephone assessment I was advised my ESA was going to be stopped as they felt I had limited work capability.

I have recently been advised by Rheumatology Consultant that my inflammation is now under control but there is secondary deteriation in my right knee and I have deformity on my right leg and I'm being referred to orthopedics for further assessment of my condition and the possibility of knee surgery/replacement.

Due to my condition and mobility issues I cannot walk unassisted and have to use crutches to aid me. I can only walk short distances without stopping and cannot walk more than 50m in one go due to needing to rest. In my questionnaire and telephone assessment I scored 0 for mobility and for all other activities. I have never been assessed face to face to see my condition.

At a recent consultation with my Rheumatology Consultant she asked about how I was coping with work which I replied I hadn't since being made redundant due to my condition and not feeling able to work/ be suitable to. She wrote a letter following the consultation regarding my condition and felt my condition affects my mobility to work which I submitted recently to the DWP ESA department and also uploaded a copy to the tribunal group as I submitted an appeal.

As it's nearly been a year I've been on the work capability ESA it is due to stop at the end of March. I will only be left with my limited PIP income after to live on. Currently I cannot claim Universal Credit as I'm just ivsr the savings threshold. I don't really want to break into my savings as I want this for the future.

I did submit an appeal for the ESA following the decision to stop my ESA benefit due due my lack of mobility and being able to work and now I have my tribunal date just come through.

Life has been a real struggle and difficult over the last eighteen months.

Has anyone attended a ESA tribunal before who could give me some advice on them, what to expect how to approach the tribunal etc

Thanks in advance

Ellen

Ok what a time you've had @Ash77 a really tough 18 months.

I did a quick search on here for you and got the following threads (yours being the first)

https://community.versusarthritis.org/search?domain=all_content&query=esa%20tribunal&scope=site&source=community

It is in 'best match' order but you can change that to 'most recent' if you find that more useful.

Our main website has the following information and mentions Citizen's advice and turn2us as organisations which may be able to help you.

https://www.versusarthritis.org/about-arthritis/living-with-arthritis/financial-support/

A significant proportion of claimants to win at tribunal I very much hope you are one of them and hope you'll let us know how you get on.

Best of luck

Ellen.

Ash77

Thanks Ellen for the search links that's great👍

Becky88

I just wanted to wish you good luck with the tribunal.

Lizebeth

Hi Ash, I am on ESA and I wondered if when you say it is going to stop at the end of march is that because you were originally on Contributions based ESA?

There are two types of ESA and if someone has been working they initially get contributions based ESA but that runs out after a year and then you are transfered to income based ESA as income based ESA qualifies you for free prescriptions and NHS dental treatments (with out the NHS dental charges) where as contributions based doesn't.

Check with your award letter it should say on there what type of ESA you've been getting (Contributions/income ESA)

I think you'll find its not going to run out but instead change over and you as a recipient won't have a break in payments its just you now qualify for the additional what they call passport benefits of being income ESA

(good luck finding an NHS dentist though)

As for your PIP assessment they have really got that wrong, you should qualify for some mobility elements and I think you will win an appeal as you've got such good supporting evidence.

kind regards.