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ESA MR now time to APPEAL

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7 years 4 months ago #176148 by LadyLuna
ESA MR now time to APPEAL was created by LadyLuna
I didn't hold much hope out for this but the MR came back which is worded very insultingly, I think. No mention of the Medical Evidence or my letter just saying I got offered a taxi after failing to get a home visit, I missed an appointment and didn't show just cause.
Only mention of anything I said was that I allegedly told them I didn't have to attend because I was told I was awaiting a home visit appointment in about 4 weeks.

It also states there is no further medical evidence as the assessment centre claim they didn't have it.

I now have copies of the transcripts which have been sent to the MR department dated for Octobet but it seems even though that was sent Special Delivery they STILL don't have my medical evidence.

Liars and cheats.

If you would be so kind as to advise me best way to appeal this. I shall be doing so with gusto.

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7 years 4 months ago #176170 by Gordon
Replied by Gordon on topic ESA MR now time to APPEAL
LL

There are links to the SSCS1 form that you will need to complete in the ESA Appeal guide, it also has instructions on how to complete the form, normally we recommend not going into detail at this stage but as your appeal is concerned with your reasons for not attending the assessment it probably does not matter.

What I can't advise on is the scope of the appeal, whether the panel will only be concerned with you reasons for not attending or whether they will extend the appeal to consider whether a home assessment should have been offered. I suggest you go with the latter, but consider how you would deal with the former as well.

Gordon

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

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7 years 4 months ago #176177 by LadyLuna
Replied by LadyLuna on topic ESA MR now time to APPEAL
Thank you Gordon.

I telephoned them after I posted. The Medical evidence was not on the system on Tuesday when the decision was made. So it looks like I am just saying stuff with nothing to back it up. It only went on the system yesterday.

The lady on the 0345 number has requested a call back as she felt without the appropriate medical evidence to back up my version of events, the Decision Maker was not in a position to make a balanced decision.

I realise it may still fail and an appeal may need to be started. I shall look at the information you have suggested.

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7 years 4 months ago #176228 by LadyLuna
Replied by LadyLuna on topic ESA MR now time to APPEAL
Had a call back from the MR office today. After a brief explanation of the issues, the person on the end of the phone voiced that they were really angry I had not been put on to their department earlier and was stunned at the level of lost medical evidence.

They read out the medical evidence which they found in my file. It sounded like the envelope had not even been opened. After going away and phoning me back around 20 minutes later I was assured the file and medical evidence was now on the DM's desk and a decision would be made either today or Monday.

I was very impressed with this person's efficiency and time spent on this for me. I am heartened, (but know it's no guarantee), that they informed me it was all now on the DM's desk and "hopefully we can now get an outcome in your favour".

From the time spent and the person's attitude to this, it seems like this was read in between the 2 calls and maybe finally having a letter stating I could not attend a medical before I missed this appointment, might have finally clicked.

Finger's crossed and watch this space!

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7 years 4 months ago #176248 by slugsta
Replied by slugsta on topic ESA MR now time to APPEAL
Hi LL,

It's good to know that there are still efficient and caring people working for DWP - even if they are few and far between!

I will keep everything crossed that you get a favourable call on Monday.

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

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7 years 4 months ago #176570 by LadyLuna
Replied by LadyLuna on topic ESA MR now time to APPEAL
Well no call back on Monday. No letters either. Hoping for some news, good or bad because then I am not hanging around hoping. I guess if she did anything on Monday, a second class letter would take a few days at the moment.

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