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TOPIC: ESA appeal.only 10 days left. So overwhelmed

ESA appeal.only 10 days left. So overwhelmed 1 week 3 days ago #175245

Hi, can someone answer this query for me please. Just been refused my mandatory review. I have been in the support group from the very beginning. Just going to do my appeal. I have now been diagnosed with another autoimmune disease (giant cell arteritis) and on steroids for st least next 2 years.
The question is do I continue my appeal with just all my existing illnesses, and later on add my new one or do I /can I add new illness /meds at this point.
I think I already have enough to get appeal without new one.
Inaccurate reporting by staff in medical.they say I can do more that 50 mtrs eithout pain etc when I can hardly do 10 without stopping etc. Because I can press the button to get my bath lift to operate I can wash myself(I can't) it continues in that vein. I thought they had got my notes mixed up. I now have 2/3weeks to submit my appeal so any help you can give would be much appreciated. Thanks
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ESA appeal.only 10 days left. So overwhelmed 1 week 3 days ago #175270

Hi and Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

The Tribunal Panel is, in effect, remaking the original decision. For that reason, they cannot consider any changes that have occurred since then.

It may be that you had the symptoms of the GCA some time before diagnosis. If you had them when the decision was made the diagnosis could be helpful but you will have to clearly show that you did have the symptoms at the time in question.

Have a look at the appropriate guide for the benefit in question ( you have not said which one it is) and that will explain in detail the descriptors against which you are being assessed.

May I suggest that you bookmark/favourite this on your web browser now so that you can find it easily in future? This will allow you to return with further questions or comments without having to start a new topic each time. We ask members to keep everything relating to the same claim in one topic as it makes it easier for us - and I hope you will find it useful too :)
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 1 week 3 days ago by Mrs Hurtyback.
The administrator has disabled public write access.
The following user(s) said Thank You: marjay

ESA appeal.only 10 days left. So overwhelmed 3 days 9 hours ago #175965

I was on esa support group until medical in August. Now placed on work actitvity group. Im also in high rate (both DLA).
Filled in form according to your guides(never been a problem before). Called for a medical in June, I nearly collapsed in waiting room appt was cancelled after waiting nearly 4hrs. Had to be physically helped out into taxi at 5pn as they ran out of time. Called back in August and again waited more than 1 hr to be seen.
Problem now is I've been refused mandatory consideration and am doing appeal. The medical report is so inaccurate it doesn't even seen to be about me. I have checked the details and it's my paper work.
It says I can watch tv/read mags for more than 1hr. Explained at interview just no possible. Says I can cook lunch breakfast and dinner again untrue.
In nearly every question she hasn't recorded our true answers. The opposite also of the form.
Basically I need to redo the whole form for my appeal.
How could this happen we did mention this at mandatory review to be told the woman is independent and nothing to be gained by her recording wrong info,
What the hell do I do.. I'm nearly in tears and this tack is so daunting, I also have a family funeral on Monday which my daughter is dealing with as I'm too ill. I've also just been diagnosed with giant cell arteritis and high doses steroids 40mg on top of everything else. I have CFS, fibromyalgia spondylitis ibs.borderline personality disorder chronic depression, and suicidal ideation, to name a few of my issues. Do I just go through and rewrite the whole form again and dispute the medical findings. Thank you
The administrator has disabled public write access.

ESA appeal.only 10 days left. So overwhelmed 3 days 8 hours ago #175967

Hi Marjay,

I have merged your question with the previous topic relating to your ESA as we ask members to keep everything relating to the same claim in one topic.

You do not have to include a lot of detail when you submit the SSCS1 form to the Tribunal Service. The important thing at this stage is to get your appeal requested within the deadline!

The Tribunal panel will not pay a lot of attention to the assessor's report, they will want to hear form you about how your conditions affect you.

I suggest you sit down with the ESA guide and start thinking about how/why you meet the descriptors. Make some notes for future reference.

ESA claims and appeals

You will be sent a 'bundle' of evidence that should contain all DWP paperwork associated with this claim. )If you believe anything is missing you should contact the Tribunal Service.) Then you should use your ESA50 form, assessor's report and ESA guide to write a submission explaining your case. This must be returned to the Tribunal Service by at least 7 days before the date of your hearing.

These resources should help too

ESA mandatory reconsiderations and appeals

Please reply to this message with further questions and we will do our best to help. You will find it easily in future if you bookmark/favourite it on your web browser now. Alternatively, click on your username (in blue when you are logged into the site) and it will bring up a list of all your previous messages :)
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 3 days 8 hours ago by Mrs Hurtyback.
The administrator has disabled public write access.
The following user(s) said Thank You: marjay

ESA appeal.only 10 days left. So overwhelmed 3 days 6 hours ago #175999

Hello, thanks for reply. In the sscs1 form section 5 (about your appeal)do I have to cover/answer every point they make in the mandatory refusal. All 13/14 points have been refused on inaccurate repeated info. Do I take each point to let them know why I'm appealing and cover it as if I'm just answering my form, with detailed answers as talked from your guides. Can I send them all that info again later.
The administrator has disabled public write access.

ESA appeal.only 10 days left. So overwhelmed 3 days 4 hours ago #176017

  • Gordon
  • OFFLINE
  • Forum Moderator
marjay wrote:
Hello, thanks for reply. In the sscs1 form section 5 (about your appeal)do I have to cover/answer every point they make in the mandatory refusal. All 13/14 points have been refused on inaccurate repeated info. Do I take each point to let them know why I'm appealing and cover it as if I'm just answering my form, with detailed answers as talked from your guides. Can I send them all that info again later.

You do not need to go into detail at this stage of the process, one example in brief will be fine.

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: marjay
Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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