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Solicitor won't show me how he filled out my ESA50

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6 years 9 months ago #192483 by JvS40
Hi

I'd be so grateful if someone can advise me on this.

I employed a Solicitor to represent me at a Court hearing for PIP. He recommended that I claim ESA which he said "he could get for me" as opposed to PIP which he didn't feel confident about. He subsequently filled in my ESA50 and sent it off and is refusing to give me a copy. I paid £200 for that and he wants another £300 at the medical assessment. It's made me feel so angry with him that I don't want to give him any more work. Can I possibly go into the medical assessment with no knowledge of what my form says?

As I am not working, nor allowed to do so and have never in my life been so cash poor, that £300 has taken on a completely new meaning and I now have the time to read through your Guides and represent myself at the assessment. But how on earth can I go in there without knowing what my claims are?

Thank you.

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6 years 9 months ago #192519 by Gordon
Julia

This is very difficult, you are receiving advice and I am reluctant to comment on this.

I assume the solicitor is charging for time, which is why the amounts are so high, did you get references from past claimants that they helped?

Why are they refusing to provide you with a copy of your ESA50?

What are they going to do at the assessment? I would not expect them to be allowed to participate in the interview so are they just acting as a companion.

You could ask the DWP office dealing with you claim for a copy of your ESA50.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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6 years 9 months ago #192525 by JvS40
Thank you for your reply Gordon.

I don't feel I'm getting any advice at all, we don't communicate apart from another plea to see my ESA50 and all the advice he gave me on the first telephone call.

He said it would be £500 for the whole process and he'd go into the assessment with me and once he'd received my ESA50 from me he said he didn't expect to hear from me again until I had a date for the assessment. I had a Solicitor for my divorce and thought everyone charges this kind of money.

I found him on the internet and naturally there are excellent reviews on his website. He initially said I don't need the form as he has a copy of the important bits. Nowadays he just says he's sending it and whenever I email to say it hasn't come he apologises and says he forgot so he'll send it now.

I've clearly employed a conman so its time to cut my losses. I didn't know if I should call the DWP. Do I admit the reason why I need a copy?

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6 years 9 months ago #192561 by JvS40
Gordon

Just thought I'd tell you what happened when I called the DWP for a copy of my ESA50.

They told me to call Work Capability Assessment on 08002888777. I did and this department told me that I could only request a copy of my ESA50 after the whole thing was over. They're not interested in my reasons for wanting it. That is their policy no ifs or buts.

However if I wanted to try further I could either email them on This email address is being protected from spambots. You need JavaScript enabled to view it. with a written request or go back to ESA queries line 03456088545 and ask them to make the request on my behalf which is what they should have told me in the first place but they don't seem to know the procedure in this instance.

So I'm caught between a solicitor and DWP who both don't want to give me a copy of my ESA50. Only option is to now go through the form myself and prepare for the assessment.

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6 years 9 months ago #192562 by Gordon
Julia

You can just say that you forgot to take a copy in the hurry to return it.

As I said the, the rates seem to be consistent with the hourly rates that I would expect an solicitor to charge.

I can't comment on whether you are getting good service or not, but Social Security law is a specialist area and most Solicitors have no knowledge of it.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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6 years 9 months ago #192572 by Gordon
Julia

Try emailing them. There is no reason why you cannot get a copy of your ESA50, the restriction applies to the assessment report produced following your interview.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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