what do i do after losing esa appeal at tribunal

[antonia26]

Hi what can you claim if you lose your esa tribunal appeal . We went today for tribunal for esa what a waste of time my husband had is medical in october but since then is hernis as popped back out from 2 years ago and they won.t take that into consideration at the appeal they also didn't think that having more than 5 blackouts a year is anything to be worried about and we just went blank when we went in he also as a really bad varicose vein and bad back he.s on medication for all of them . They said we have to discuss this and send you the decision which normally means you haven.t won. What can we claim now he.s my carer as i have hyporthyroid and b12 difency with pins and needles through hands and feet constantly loss of memory and a load of other things i.ve a pip claim going through now . Is doctor says he can.t work he can.t even carry our baby son without being in pain. Should i claim esa instead of him can he even reclaim esa for is hernia now as different from before. We just don.t know what we can claim at all.thanks

[reallymadwoman]

If it is more than 6 months since the letter saying your husband did not score enough points to be awarded ESA he can make a new claim. If it is less than 6 months he can make a new claim on the basis that his condition has got worse or that he is claiming for a new condition. It would also be possible for you to make a claim. You should probably go through the criteria and work out which of you is likely to score the most points to decide who should claim.

 

The tribunal were perfectly correct to not take into account any change in your husband's condition since the medical, they are not allowed to.

[**Margaret**]

:antonia26:

 

'...... go through the criteria and work out which of you is likely to score the most points ......'

 

https://www.gov.uk/government/publications/esa214-a-guide-to-employment-and-support-allowance-the-work-capability-assessment

 

Since 2008 the criteria for an award of employment n support allowance have been amended twice to become increasingly harsh. Whether your husband's entitled to an award will be determined by the effect of his herniated discs on walking/wheeling, sitting/standing, reaching, and whether he can lift your son from say the sofa onto his knee. To score any points for blackouts, your husband needs to experience at least one a month on average. You need to consider the effects of your hypothyroidism (and depression?) on your capability for organising day to day life. Whether you can keep up with the childcare, cooking, shopping, etcetera.

 

The descriptors for a personal independence payment;

 

https://www.gov.uk/government/publications/pip-assessment-criteria

 

As you can see from the criteria, the outcome of your request for mandatory reconsideration will depend on how much help you need with meals, personal care, and getting from A to B.

Best wishes, Margaret.

[antonia26]

Just to say thank you it would be best for me to claim esa than him buy the looks of things. Thanks