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ESA appeal procedure. Do I wait?
7 years 4 weeks ago #185631 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA appeal procedure. Do I wait?
Jane
Let's start again
If the comment about the MR was made in relation to question 16 then the DM is applying the law incorrectly!
Question 16 is about the claimant mixing socially with other people, your writing an MR is simply not relevant to this requirement as it does not even come close to meeting the requirement for interacting socially with someone.
As you have pointed out, the requirement for the two activities are very different and being able to complete one in no way implies that a claimant could complete the other.
Gordon
Let's start again
If the comment about the MR was made in relation to question 16 then the DM is applying the law incorrectly!
Question 16 is about the claimant mixing socially with other people, your writing an MR is simply not relevant to this requirement as it does not even come close to meeting the requirement for interacting socially with someone.
As you have pointed out, the requirement for the two activities are very different and being able to complete one in no way implies that a claimant could complete the other.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 4 weeks ago #185678 by Jane 
Yes, Gordon, that is why I am so perplexed. I believe they are saying that it is invalid to say that I have problems communicating with people, because I can communicate in written form and have indicated by ticking Q 6, that I can speak without difficulty.
It seems like Q6 is a trick question to me. You tick it, interpreting it one way, then they use it against you.
Ticking the box is not to say that I can communicate in social situations, it just means I can speak, it doesn't mean that I do speak. I have gone on to explain this in Q 16 because I ticked definitely no, to engaging in social situations, because I can't. I run a mile. I will even go upstairs in my own home, if someone comes to visit or read the meter. I can't handle it. It is like an intrusion. I feel judged. I am genuine, Gordon and this has been very stressful.
They are dismissing all my points about social phobia because I ticked the box in Q6....under the physical aspect, 'tick this box if you can communicate without difficulty.
It seems they will look for anything they can in order to disallow you.
I have argued this point well with them, in my submission and only hope that the tribunal will see my point of view. I wish I could attend a hearing, but what chance have I got, when I can't make it outside the door without panic.
Thank you for your support. I appreciate it.
Replied by Jane on topic ESA appeal procedure. Do I wait?
Yes, Gordon, that is why I am so perplexed. I believe they are saying that it is invalid to say that I have problems communicating with people, because I can communicate in written form and have indicated by ticking Q 6, that I can speak without difficulty.
It seems like Q6 is a trick question to me. You tick it, interpreting it one way, then they use it against you.
Ticking the box is not to say that I can communicate in social situations, it just means I can speak, it doesn't mean that I do speak. I have gone on to explain this in Q 16 because I ticked definitely no, to engaging in social situations, because I can't. I run a mile. I will even go upstairs in my own home, if someone comes to visit or read the meter. I can't handle it. It is like an intrusion. I feel judged. I am genuine, Gordon and this has been very stressful.
They are dismissing all my points about social phobia because I ticked the box in Q6....under the physical aspect, 'tick this box if you can communicate without difficulty.
It seems they will look for anything they can in order to disallow you.
I have argued this point well with them, in my submission and only hope that the tribunal will see my point of view. I wish I could attend a hearing, but what chance have I got, when I can't make it outside the door without panic.
Thank you for your support. I appreciate it.
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