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Appeal hearing/Re-applying for ESA

  • jkw10
  • Topic Author
13 years 1 month ago #47767 by jkw10
Appeal hearing/Re-applying for ESA was created by jkw10
I hope someone can answer this question for me.

I have my ESA appeal hearing in mid March. I have poor medical evidence as my local NHS consultant stopped taking new patients due to funding problems (his clinic is likely to close imminently) and I have been moved from one GP to another due to staffing problems at my surgery. I am still waiting for a new GP to write my report, having lodged my appeal last September!

I hold out very little hope of winning.

Q1 - should I still attend the appeal in person?

Q2 - can I re-apply for ESA if I fail the appeal? Six months will have passed since being declared 'fit for work'.

Thank you.

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13 years 1 month ago #47769 by Gordon
Replied by Gordon on topic Re:Appeal hearing/Re-applying for ESA
jkw

The success rate for Oral hearing, where the claimant attends, is significantly higher than that for a paper hearing. Whilst a Tribunal must review all of the evidence, they often put more weight on the testimony of the claimant.

Yes, you can re-apply for ESA, once six months have elapsed from the original decision.

Gordon

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

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  • jkw10
  • Topic Author
13 years 1 month ago #47773 by jkw10
Replied by jkw10 on topic Re:Appeal hearing/Re-applying for ESA
Thank you Gordon.

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  • youngsteptoe
13 years 1 month ago #47795 by youngsteptoe
Replied by youngsteptoe on topic Re:Appeal hearing/Re-applying for ESA
hi everbody.

just to add to this if you fail a tribunal
after over six months have past since the
failure of your wca. do the dwp write to your doctor to tell them not to issue you
with any more sick notes.as they do when they make there original wca decision or
is the slate rubbed clean and this is the
start of wca mark 11 if you provide a fresh
sick note.

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13 years 1 month ago #47801 by Gordon
Replied by Gordon on topic Re:Appeal hearing/Re-applying for ESA
youngsteptoe

There is no restriction on your GP issuing Fit notes.

Gordon

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

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  • bill 1
13 years 1 month ago #47832 by bill 1
Replied by bill 1 on topic Re:Appeal hearing/Re-applying for ESA
gorden i have been told by my dr that they are told not to issue any more fit notes when you fail wca unless you appeal or your condition gets worse.

bill

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