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TOPIC: ESA WCA

ESA WCA 2 months 3 weeks ago #167948

Hi MSmini,

I am sorry, but not surprised, that the MR did not go in your favour :(

You do not have to go into great detail when you fill out the appeal request form.

After a few weeks you will be sent the appeal 'bundle' that contains everything the DWP have relating to this claim, including the assessor's report and their reply to the appeal. When you have this you can then send in your submission. You can start formulating something now but will need to see what DWP say before you can complete it.

The tribunal will want to know how and why you meet the descriptors. You might have to comment on parts of the report that are at variance with the facts but the tribunal will not be interested in hearing everything that was wrong with it - they will pay far more attention to your evidence on the day than to the report.

The process is explained in the ESA guide.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 2 months 3 weeks ago by Mrs Hurtyback.
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The following user(s) said Thank You: MSmini

ESA WCA 4 days 19 hours ago #175002

Hi, I had a text message from DWP on 18.10.16 saying that they have had a notification from the courts and will be sending in their reports within 28 days. I have just today had a text saying that they (DWP) have now sent in their papers to the courts.

I haven't had any papers from the DWP. How long have I got to wait for the DWP's response to the courts?
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ESA WCA 4 days 18 hours ago #175014

Just a thought. Have I got to write a report on my condition to the courts prior to the appeal hearing?
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ESA WCA 4 days 18 hours ago #175019

  • Gordon
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MSmini wrote:
Hi, I had a text message from DWP on 18.10.16 saying that they have had a notification from the courts and will be sending in their reports within 28 days. I have just today had a text saying that they (DWP) have now sent in their papers to the courts.

I haven't had any papers from the DWP. How long have I got to wait for the DWP's response to the courts?

Give it a week, the DWP should be sending you a copy of their submission.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.
The following user(s) said Thank You: MSmini

ESA WCA 4 days 18 hours ago #175021

  • Gordon
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MSmini wrote:
Just a thought. Have I got to write a report on my condition to the courts prior to the appeal hearing?

You don't have to but we would recommend that you do.

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