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ESA APPEAL REFUSAL

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6 years 11 months ago #188224 by Donna
ESA APPEAL REFUSAL was created by Donna
Hi
I had my appeal on Tuesday but was refused, I had nil pointS from DWP, was awarded 6 at my appeal but as you know that is not enough.. I m obviously Devastated! I m a single mum of 2 boys 8 and 6 I have no child care as Dad is only allowed supervised visits. My mental health, anxiety and stress are in overdrive.. I only today read the letter I was given about decision. I read that I can apply to have the decision set aside for various reasons including if my representative could not appear? That happened in my case as I was supposed to have a benefits advisor represent me I only found out late afternoon Monday she was in fact off Sick but no one had informed Me! I was totally unprepared for the appeal alone and didn't do myself justice. Is my assumption correct and maybe something worth doing? Or am I clutching at straws? I have fibromyalgia and got no points at all for this
Thanks in advance

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6 years 11 months ago - 6 years 11 months ago #188248 by Gordon
Replied by Gordon on topic ESA APPEAL REFUSAL
Donna

Did you raise the issue at your hearing. It's not required but would give more strength to your case if you had.

Whether to apply for the Set Aside is a decision that only you can make, if successful it could be 3 or 4 months before you get a another hearing and you would still have to deal with the issue of scoring enough points for an award.

Have yo spoken to your advisor about this.

You can make a new claim for PIP immediately if you wish.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 6 years 11 months ago by Gordon.

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