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Appeal Won and now ESA50 has arrived today
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5 years 6 months ago #219702 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Appeal Won and now ESA50 has arrived today
Rumplestiltskin
Providing you can provide some medical evidence of the problems that she currently has then it should be possible to make a new claim for ESA, make sure that the Fit Note says that she is suffering from a new condition as it should avoid and to and fro with the DWP as to whether they should accept the claim.
Gordon
Providing you can provide some medical evidence of the problems that she currently has then it should be possible to make a new claim for ESA, make sure that the Fit Note says that she is suffering from a new condition as it should avoid and to and fro with the DWP as to whether they should accept the claim.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 6 months ago #219879 by Rumplestiltskin
Replied by Rumplestiltskin on topic Appeal Won and now ESA50 has arrived today
Thanks Gordon.
coincidentally, this morning we got a letter setting a new date for the appeal as 23/11/18. Presently, she has neither the physical nor mental energy to attend.
Is it possible for me to attend to give evidence without her presence if I explain the current situation?
coincidentally, this morning we got a letter setting a new date for the appeal as 23/11/18. Presently, she has neither the physical nor mental energy to attend.
Is it possible for me to attend to give evidence without her presence if I explain the current situation?
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5 years 6 months ago #219904 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Appeal Won and now ESA50 has arrived today
Rumplestiltskin
It may be but you will need the permission of the Judge in charge of her appeal, contact the DWP to see if they are willing to allow this.
Gordon
It may be but you will need the permission of the Judge in charge of her appeal, contact the DWP to see if they are willing to allow this.
Gordon
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5 years 3 months ago #224740 by Rumplestiltskin
Replied by Rumplestiltskin on topic Appeal Won and now ESA50 has arrived today
UPDATE
Appeal heard yesterday. The judge stated that the wife's current condition, cognitive functions now impaired along with the vast decrease in mobility since the appeal was lodged has given her a bit of a legal problem.
The doctor on the panel never said one word apart from a polite hello and goodbye.
Although we said we were prepared for the Appeal solely based on her condition at the time of the F2F assessment, she adjourned the case and called for medical reports covering from 2015 to present day. Advised us there would be a 6 - 8 Week delay. Recommended that in the circumstances wife makes a new ESA claim and also to apply for PIP.
Appeal heard yesterday. The judge stated that the wife's current condition, cognitive functions now impaired along with the vast decrease in mobility since the appeal was lodged has given her a bit of a legal problem.
The doctor on the panel never said one word apart from a polite hello and goodbye.
Although we said we were prepared for the Appeal solely based on her condition at the time of the F2F assessment, she adjourned the case and called for medical reports covering from 2015 to present day. Advised us there would be a 6 - 8 Week delay. Recommended that in the circumstances wife makes a new ESA claim and also to apply for PIP.
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5 years 3 months ago - 5 years 3 months ago #224754 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Appeal Won and now ESA50 has arrived today
Rumplestiltskin
I'm afraid this is a problem that we are going to see a lot in the future with appeals taking a year or more to be heard, unfortunately, there is nothing that you can do about it other than expedite the records being sent to the TS.
She cannot make a new claim for Income Related ESA as it is no longer available, she can claim Universal Credit but I would urge caution, claiming UC will result in a new Decision on whether she is Fit for Work and this will limit any Decision that the panel might make. It may be that her deteriorated condition means that she is going to get an award without a problem but you do need to think about this.
Gordon
I'm afraid this is a problem that we are going to see a lot in the future with appeals taking a year or more to be heard, unfortunately, there is nothing that you can do about it other than expedite the records being sent to the TS.
She cannot make a new claim for Income Related ESA as it is no longer available, she can claim Universal Credit but I would urge caution, claiming UC will result in a new Decision on whether she is Fit for Work and this will limit any Decision that the panel might make. It may be that her deteriorated condition means that she is going to get an award without a problem but you do need to think about this.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 5 years 3 months ago by Gordon.
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