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ESA appeal procedure. Do I wait?

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7 years 1 month ago #179137 by Jane
ESA appeal procedure. Do I wait? was created by Jane
Hi, I wonder if anyone can shed some light on a rather simple matter that is perplexing me.

I have failed my MandatoryRreconsideration and have obtained my appeal form ready to fill in. I have also requested help from the doctor and also, my medical report from the face to face assessment and also my ESA50 claim form. There is apparently, some discrepancies between what was 'said' at the face to face assessment and what was filled out on the ESA50 claim form, and I want to know what is being held against me, in order to build a case. I do not recognise any of the statements made against me. Apparently, because I can sit and play an xbox game with the kids at home, I am now cured and fit for work. It is ridiculous. This is really getting me down, I have been on the phone trying to get help, but it is so hard to make people understand. I feel like they have twisted everything I said and I am helpless to defend myself against a 'professional'.

Looking at the form to fill out, do I just set the ball in motion first, by sending in the appeal form with basic info, just to let them know that I am going to appeal, and can I put some basic paragraph in the box about why I disagree generally, without going into detail at this stage?

Thing is, I need to really look at the evidence they have used against me in order to stop my ESA, and I want to take the time to do this right. I only 2 and a half weeks left to lodge the appeal, I have not been well since the decision and had bad depression, so now, I would like to know if I can just get that form in and let them know that further evidence and details about the descriptors I am challenging will follow, or if it has to all go in with the appeal form. If I can send things in after the form, how long do I have to do so?

I really appreciate any thing you can tell me.

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7 years 1 month ago #179154 by Gordon
Replied by Gordon on topic ESA appeal procedure. Do I wait?
Jane

The ESA Appeal guide has instructions on how to complete the SSCS1 form, you do not need to provide detailed reasons at this time, once the appeal is accepted the DWP will create their submission (which will include all of the documents used in the making of the Decision), you will receive a copy of this and then compile your own submission, although I would not wait for the DWP bundle to start doing this.

Gordon

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7 years 1 month ago #179187 by Jane
Replied by Jane on topic ESA appeal procedure. Do I wait?
Thank you so much for taking the time to reply to me.
So I should fill in the form and in the box where it asks for your grounds for appeal, I just state that I disagree with the decision, and briefly explain why and what I think the outcome should have been? I don't have to go through all the points at this stage, as there are a lot of contradictions to be made? It is not just a case of them saying one or two things that I disagree with. They have awarded me 0 points on all the descriptors from having over 30 points before.
I can wait for the submission bundle to then arrive, and then look at all the information they send, and make my appeal in more detail at that point?

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7 years 1 month ago #179189 by slugsta
Replied by slugsta on topic ESA appeal procedure. Do I wait?
Hi Jane,

You are correct in surmising that you do not need to include a lot of information in order to initiate the appeal.

Once you have the evidence 'bundle' from DWP you should sit down with the report and our ESA guide. You will only be awarded ESA by showing how/why you meet the descriptors, so don't get bogged down arguing against every sentence with which you disagree. Overturning the report will not, in itself, get you an ESA award.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 1 month ago #180151 by Jane
Replied by Jane on topic ESA appeal procedure. Do I wait?
Hello, sorry to bother you again, but I would just like a few details about my appeal.
The appeal has been lodged and I have received confirmation that they are preparing the documents to be sent out to me. DWP have also contacted me and I am being changed over to ESA from JSA while this is going on.
What I would like clarifying is that when I failed the ESA initially and was thrown back on JSA, I was being pressured to get back to the normal routine of jobsearch and it was too much for me. I seen the doctor and got signed off for 13 weeks. The jobcentre accepted my sick note and have been more considerate since.
However, my sick note is close to running out and I have read that I still need to provide a sick note for the period that I am appealing? Could you please tell me if this is the case. Do I need to keep providing a sick note until the case is decided?

Also, please, may I just ask how long I have to send in further information regarding my appeal. I am busy preparing some information that I believe they have not taken into account. I cannot attend the hearing because I suffer extreme stress and anxiety in social situations, but I want to add to the information that they already have from my MR.

Could you please tell me, if there is a deadline to work to, for getting in more evidence for the appeal? Do I just send it in to the same address as the appeal along with my contact details.

Thank you so much. I really appreciate it. This process is really confusing!
Jane

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7 years 1 month ago #180184 by Gordon
Replied by Gordon on topic ESA appeal procedure. Do I wait?
Jane

Yes you need to have an active Fit Note in file with the DWP in order to receive payment of the ESA Assessment rate.

Your submission must be with the DWP within one month of the date on the DWP bundle that you will receive shortly. As you have opted for a Paper hearing, you will not be notified about when it will happen so you really need to stick to this deadline.

All of your papers need to be sent to the Tribunal venue in the acknowledgement letter, make sure you include your unique reference number in all correspondence.

Gordon

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