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ESA MR now time to APPEAL

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7 years 4 months ago #176732 by LadyLuna
Replied by LadyLuna on topic ESA MR now time to APPEAL
After the hype of last Fridays call, I got a call to say my evidence showing my medical evidence was sent in October asking for a home visit, I have been told the decision maker has disallowed my MR. So appeal it is. I have a huge catalogue of errors and names of those who made them. The liars who claimed no evidence arrived and that I would get a design last Friday or this Monday.

I think now contacting an MP is relevant.

I am going to be spending Christmas trying to sort evidence for my PIP which I have no doubt I am destined to fail at every hurdle of.

No money for the last 5 weeks.

Life isn't worth living.

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7 years 4 months ago #176784 by LadyLuna
Replied by LadyLuna on topic ESA MR now time to APPEAL
Ok last post was written in anger.

Am I right in thinking I will not be entitled to assessment rate ESA during the appeal process?

I have read on some Gov guidelines regarding "good cause" with regards missing the appointment that the fact my doctor had faxed in a letter stating I couldn't mobilise 50 metres, had nerve and tendon issues in my leg and my weight, and these issues were clearly stated in my ESA50, should have been enough to show good cause as to why I would miss an appointment.

The gist of it is because I have proved I would not have been able to attend I should not have lost the right to my ESA because I was 1) misled into thinking I was being assessed for a home visit and the appointments were cancelled and 2) since further medical evidence had come to light since the closing of my case to show I would not have been able to attend an assessment and the medical evidence had been sent in in October to Maximus, it is unreasonable to say I have not shown "good cause" for non-attendance.

Does this seem a valid argument for the appeal?

I have a Dr's appt next Thursday and am going to take her a letter outlining my everyday struggles as she gives me about 5 minutes max per appointment and I have seen her twice, and to ask for further evidence to support my appeal and to support my pip claim.

My year of chaos continued yesterday when yet another new Endo discharged me without explanation. I can only assume it's a cost saving exercise. Hashimoto's Disease can't be cured.

Regardless of what you may think, I have rolled from one disaster or health issue to another this year. I am very seriously depressed, something my letter to the Dr will outline.

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7 years 4 months ago #176802 by Gordon
Replied by Gordon on topic ESA MR now time to APPEAL
LadyLuna

I would not expect you to be paid the ESA Assessment rate due to the reasons that your claim was closed.

We can't offer what amounts to legal advice on the forum as to how you should present your case to an appeal, however as a general comment you need to be prepared for the panel to only consider issues in regard to your failing to attend, they may not have an interest in whether a home assessment should have been offered!

You should also give some thought as to why you did not contact Maximus about the new appointment at their offices even if you thought it had been sent in error.

I really do appreciate the stress that this is causing you, but this is most likely to be decided on the day based on the questions you are asked and we can't pre-empt these.

Gordon

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

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