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ESA appeal procedure. Do I wait?

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7 years 1 week ago #184008 by Jane
Replied by Jane on topic ESA appeal procedure. Do I wait?
I have received my submission bundle and a letter from the tribunals confirming that the appeal will progress on the papers and to send in any further information as soon as possible, but it doesn't state exactly how long I have to get in any further details. I have obtained a doctors letter but would like to highlight some of the important issues that I have with the decision. Thing is, most of it has been covered in my MR and I told them pretty much everything, but they still ignored it all, even telling me it wasn't relevant because it wasn't asked directly at the medical.

I am asking this, because I have a lot on my plate right now, I was all set to start doing my submission when my mum had a bad fall and smashed her shoulder in 3 places, so I am currently having to care for her and do not have the time right now.

I will be able to concentrate on this matter very soon, when a carer will be able to help me with my mum's needs.
However, the date on the submission bundle is 24th Feb, so it has already been a while and I am wanting to know how much longer I have to get this done.

Also, please, can you confirm that I do not need to repeat anything that I said in my MR as I sent them a lot of details. The tribunal will look at all the information that I have already supplied to DWP?

Can you confirm also, that any further information I send, does not need to be on any particular form, but is there a limit to what I should include. Have I got to keep it as short as possible because there are a lot of issues to include?

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7 years 1 week ago #184036 by Gordon
Replied by Gordon on topic ESA appeal procedure. Do I wait?
Jane

As you have opted for a Paper hearing you will not be informed when the hearing is held. You have one month from the date of the letter accompanying the DWP bundle for your own submission to be received by the Tribunal Service.

If you look through their bundle you should find everything that you submitted during your MR.

There is no form for you to complete, but make sure that anything you submit has your TS Reference number in it.

Gordon

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

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7 years 1 week ago #184083 by Jane
Replied by Jane on topic ESA appeal procedure. Do I wait?
Thank you, Gordon. So I do not need to repeat anything that I have already told them in my MR? The tribunal will consider all the evidence that I have already sent and I am only to send in additional information ?

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7 years 1 week ago #184110 by Gordon
Replied by Gordon on topic ESA appeal procedure. Do I wait?

Jane wrote: Thank you, Gordon. So I do not need to repeat anything that I have already told them in my MR? The tribunal will consider all the evidence that I have already sent and I am only to send in additional information ?


Yes, that is the case.

I would recommend that you go through the DWP bundle just to make sure that there is nothing that you need to address.

Gordon

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

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6 years 11 months ago #185192 by Jane
Replied by Jane on topic ESA appeal procedure. Do I wait?
Hi, I have just about finished my submission as I have just prepared a few pages highlighting the areas where I would like the tribunal to focus on.
I have had it held against me in the decision, because I submitted a rather large MR as I pretty much disagreed with all of their decisions.
In the 'communicating a message to others' section of the report, they used my MR against me and said that quite clearly I can communicate a message because of the way I wrote my submission. I don't think that is fair at all, because it is completely within my comfort zone anyway, being at home, and in familiar surroundings, but truth be told, my partner did the MR for me.
We worked together, and he helped me to structure it and write it because I was so stressed, that I could not think clearly and suffered bad headaches since the decision. It was such a daunting task and I found it too big an issue to deal with, despite having some help also from Citizens Advice.
Thing is now, I would like to argue that I had help to do the MR since it has been held against me, but I am worried because I did not declare that anyone helped me do it in the first place.
I do not recall seeing a section which normally asks things like, 'did you have help filling in this form' and I did not state this in the MR because I just didn't think to. But now that it has been used against me, I am angry because it doesn't tell the whole story.

I don't want to offer it up, that I did not do it all myself, in case I am not allowed to, or will be disallowed because of it, but I want to use this to help myself since they have disallowed me a lot of points for being able to communicate.
Thank you for your continued time and support. I am nearly there!

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6 years 11 months ago #185193 by Gordon
Replied by Gordon on topic ESA appeal procedure. Do I wait?
Jane

If you are trying to score points for Communicating – speaking, writing and typing then I think you should take note of the DWP's comments. This activity is about conveying a "simple message", whilst there is no definition of what this means, examples include the location of a fire exit, so the standard is low.

Gordon

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