Joyce is 55, suffers from depression, alcohol dependency and is recovering from a recent stroke. She told us that her Employment & Support Allowance (ESA) was stopped because she had been reassessed as fit for work.
We assisted Joyce to appeal but the tribunal who heard her case did not decide in her favour. The adviser studied the decision and appealed to the Upper Tribunal because the original tribunal failed to properly take into account that when Joyce completed her ESA renewal form, she was very unwell as she had just had a stroke and had no one to help her. Because of this, the form had been completed very poorly and in very little detail.
The Upper Tribunal agreed and ordered that a new tribunal reheard her case. With strong evidence from her doctor and help from our adviser, her case was finally successful. Joyce’s ESA was reinstated and she was paid £1800 in arrears.