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Advise please- ESA appeal
- LMM
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7 years 1 month ago #183547 by LMM
Advise please- ESA appeal was created by LMM
Hello
My mother went to an ESA assessment in September and she scored 0 points.We found out in November and have since done a mandatory reconsideration that was also refused
We have now proceeded to request an appeal and received the bundle of papers on the 2/2/17.
On the 28/2/17 we received a letter that set a date for the appeal for the 17/3/17 and need to send all supporting evidence a week prior.
During this whole process I have been receiving advise from CAB and they told me that I should wait for the bundle of papers and have a good read and then get supporting medical evidence that would discredite the claims made by assessor.
Unfortunatly, I have found it very difficult to get in contact with the hospital consultant my mother sees. We are due to have an appointment with the consultant on the 5/4/17 and I would have asked then.
I wrote a letter asking the courts to postpone the appeal date.
Im worried sick that they will refuse and not sure what to do if they refuse my request. I have a letter from the GP but not much else. I would have preferred to have all the medical evidence from the hospital including MRI scans.
Please - any advise would be much appreciated, Im really worried.
My mother has been on ESA since 2007 and can not work.
Many Thanks,
L
My mother went to an ESA assessment in September and she scored 0 points.We found out in November and have since done a mandatory reconsideration that was also refused
We have now proceeded to request an appeal and received the bundle of papers on the 2/2/17.
On the 28/2/17 we received a letter that set a date for the appeal for the 17/3/17 and need to send all supporting evidence a week prior.
During this whole process I have been receiving advise from CAB and they told me that I should wait for the bundle of papers and have a good read and then get supporting medical evidence that would discredite the claims made by assessor.
Unfortunatly, I have found it very difficult to get in contact with the hospital consultant my mother sees. We are due to have an appointment with the consultant on the 5/4/17 and I would have asked then.
I wrote a letter asking the courts to postpone the appeal date.
Im worried sick that they will refuse and not sure what to do if they refuse my request. I have a letter from the GP but not much else. I would have preferred to have all the medical evidence from the hospital including MRI scans.
Please - any advise would be much appreciated, Im really worried.
My mother has been on ESA since 2007 and can not work.
Many Thanks,
L
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- Gordon
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7 years 1 month ago #183580 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Advise please- ESA appeal
LMM
Are the CAB producing as submission for the appeal? If they then they are leaving it very late!
If they aren't then you need to consider doing one especially if you are struggling to source additional information.
At the very least you should have a look through your mother's ESA50, the assessment report (ESA85) and the ESA Claim guides to understand why your mother failed to score points and how she might address this at the hearing.
I'm afraid I think it very unlikely that the hearing will be postponed, the Judge will likely take the view that you have had since the Decision to source new evidence!
If you have further questions then please reply to this post and we will do our best to help.
Gordon
Are the CAB producing as submission for the appeal? If they then they are leaving it very late!
If they aren't then you need to consider doing one especially if you are struggling to source additional information.
At the very least you should have a look through your mother's ESA50, the assessment report (ESA85) and the ESA Claim guides to understand why your mother failed to score points and how she might address this at the hearing.
I'm afraid I think it very unlikely that the hearing will be postponed, the Judge will likely take the view that you have had since the Decision to source new evidence!
If you have further questions then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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