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ESA CLAIM turned DOWN

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7 years 5 months ago #172918 by SandR
Replied by SandR on topic ESA CLAIM turned DOWN
Hi Gordon

Thank you for the clarification. I think I shall continue with my appeal and hopefully get a good result.

I think I was hoping for an easier option to stop myself from worrying so much.

Best wishes
SandR

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7 years 5 months ago #173094 by SandR
Replied by SandR on topic ESA CLAIM turned DOWN
Hi

I have completed the SSCS1 form, using two examples of why I think the original decision and MR are wrong, although there are others. I have also written a SAR asking for the paperwork that was used., as advised in the ESA Appeal guides. I shall have them printed tomorrow and posted by registered post.
I have a copy of my ESA 50 and the ESA 85. In the original ESA 50 I included a few examples of how my illnesses affect me on a day to day basis.Is it okay to add additional examples when completing my submission or am I only allowed to use what was in the original form.
Thank You

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7 years 5 months ago #173095 by Gordon
Replied by Gordon on topic ESA CLAIM turned DOWN

SandR wrote: Hi

I have completed the SSCS1 form, using two examples of why I think the original decision and MR are wrong, although there are others. I have also written a SAR asking for the paperwork that was used., as advised in the ESA Appeal guides. I shall have them printed tomorrow and posted by registered post.
I have a copy of my ESA 50 and the ESA 85. In the original ESA 50 I included a few examples of how my illnesses affect me on a day to day basis.Is it okay to add additional examples when completing my submission or am I only allowed to use what was in the original form.
Thank You


An appeal is your opportunity to re-state your case, it's perfectly OK for you provide additional examples.

Gordon

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

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7 years 5 months ago #173101 by SandR
Replied by SandR on topic ESA CLAIM turned DOWN
Hi Gordon

Thank you for your quick reply.

Do you have any idea how long it takes to receive an appeal acknowledgment from the tribunal service? My latest 'fit note' runs out tomorrow and I have an appointment with my GP for a new one. I also have an appointment with JC+ tomorrow because the 13 weeks that I was allowed not to attend is up tomorrow.

I know that it can take a while to get an appeal date but the more I can do now, the less stressed I will be when the time comes. I will begin writing my submission using the ESA 85 form and MR letter. I should have some new evidence to include when I get an appointment with the consultant.

SandR
PS this site is marvellous!!

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7 years 5 months ago #173103 by Gordon
Replied by Gordon on topic ESA CLAIM turned DOWN
SandR

I would expect you to receive acceptance of your appeal in 7-10 days from when you sent the request. The DWP should receive notice at the same time so it should be possible for you to switch back to the ESA Reassessment rate in a couple of weeks at most.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: SandR

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7 years 5 months ago #173290 by SandR
Replied by SandR on topic ESA CLAIM turned DOWN
Hi

As mentioned in a previous post, I use a walking stick for support. However on the day of the assessment I couldn't use the stick as I had fallen the week before the assessment, hurt my wrist and shoulder and it was too painful to use the stick in my left hand. I am unable to use a stick in my right hand because of cervical spondylosis. My husband supported me into the centre and I held onto the wall for support to get to the assessment room. The assessor had taken my husband into the assessment room whilst I used the toilet and then stood at the doorway to watch me come from the toilet. I did tell the assessor about the stick and the fall when I went in for the assessment. It's only reading through the assessment report again that I realise the assessor hasn't mentioned the fall or use of a stick at all. Will this omission be relevant with my grounds for appeal? I am worried that a tribunal panel will think I did not need/or use a stick at the time of the assessment.

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