I've failed my first tribunal for claiming ESA, what next?

[09ayesha09]

Hi, I'm new here, so I do appologize if I'm in the wrong place.

I desperately need some advice, I'm young and scared, and haven't got a clue what to do. So please keep answers simply.

I failed my medical with Atos in June last year, so I appealed, in the mean time whilst I was waiting for a tribunal date I have been on the assesment rate. I've just recieved my letter from the Tribunal, I didn't attend for health reasons, and the decision notice says the appeal has been REFUSED.

So what happens next how can I appeal again? and am I still entitled to the assement rate? I am so worried that they will just stop my basic rate of pay leaving me with nothing. Signing on at the JC is not an option. I am praying that I will still be paid in two days time. Surely by law they have to still pay you something if you're appealing for a second time?

Thank you in advance. I really appreciate all comments and advice. P.s Sorry for any spelling errors.

[Nystagmite]

Your benefits are paid in arrears.

 

You can only appeal to the upper tier if there's been an error in law. You could just apply for ESA again.

[abc123def]

The rate of success at Tribunal for people who do not attend is extremely low. If you do put in a new claim for ESA and get turned down and appeal, I would strongly advise you to attend a Tribunal. Take all the support you need to get there.

[09ayesha09]

Thank you, I'm going to ring my legal advisor and the JCP on Monday, and I will be attending the second tribunal, but in the mean time I'm still worrying, will they now stop my assesment rate payments?

[honeybee13]

Thank you, I'm going to ring my legal advisor and the JCP on Monday, and I will be attending the second tribunal, but in the mean time I'm still worrying, will they now stop my assesment rate payments?

 

Hello there. When you say you have a second tribunal, have you appealed about a point of law as Nystagmite said?

 

My best, HB

[09ayesha09]

Hello honeybee13, sorry I meant that if I do have a second tribunal I will be attending. I've only had one so far and that failed. I was hoping that they offer you a second chance at appealing. I don't really understand any of this

[09ayesha09]

my main question is because I failed are they not going to pay me my basic rate of pay (assesment rate)?

[Nystagmite]

They won't pay you, no. You'll have to make a new claim and send in (un)fit notes.

[antone]

Hello honeybee13, sorry I meant that if I do have a second tribunal I will be attending. I've only had one so far and that failed. I was hoping that they offer you a second chance at appealing. I don't really understand any of this

 

You don't get a second chance at appealing unless you can show that the Tribunal erred on a point of law. This is difficult to do and I would not advise it normally.

 

Here's what you can do, though. If the original decision to stop your benefits was more than six months ago (which it was, as you failed your Atos exam back last June) then you can make a new ESA claim. You will need medical certificates from your GP. You can be paid at the assessment rate during this process.

 

Of course, you will be called for another Atos exam in due course. If you fail it and choose to make another appeal, I agree with others who say that you should attend the Tribunal hearing.

[09ayesha09]

Ok thank you Antone, first thing Monday I will be making a new claim for ESA, I just hope it doesn't take to long as they have left me in major debt and I'm severely depressed as it is which is making it worse. (sorry for the rant) My medical certificate doesn't run out until the 19th July though? Also I checked my bank account today and I have recieved half of what I normally get 4 days earlier than my usual payday, which is meant to be next Wednesday. Hmm I would have thought they would have atleast paid me up until my medical runs out? Thank you to all the others who helped and gave me advice aswell.

[chrissya]

I attended my tribunal hearing this morning. They did award me 6 points which is 6 points more than ATOS did. I have been told that I now have to claim again. As luck would have it, my current sick note runs out today and I have already ordered another one to start tomorrow. I have got to the stage where I am losing the will to live especially when you see how much this debacle is costing this country.

 

I am honestly thinking of going camping out in France and then trying to enter this country as an immigrant. That way, I would be assured of receiving every benefit going. Also, I read somewhere that the EU are or were planning on suing the UK for refusing to give foreign nationals benefits. Why can't the EU sue the UK for refusing to it's own nationals money?

[swinginapig]

I attended my tribunal hearing this morning. They did award me 6 points which is 6 points more than ATOS did. I have been told that I now have to claim again. As luck would have it, my current sick note runs out today and I have already ordered another one to start tomorrow. I have got to the stage where I am losing the will to live especially when you see how much this debacle is costing this country.

 

I am honestly thinking of going camping out in France and then trying to enter this country as an immigrant. That way, I would be assured of receiving every benefit going. Also, I read somewhere that the EU are or were planning on suing the UK for refusing to give foreign nationals benefits. Why can't the EU sue the UK for refusing to it's own nationals money?

I can see where your coming from chrissya, it s diabolical what is happening, but can assure you that all Foreign Nationals have to satisfy the same rules as Uk Nationals so running away to France then re-entering as a Foreign National wont do you and favours....