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ESA Tribunal, worrying a lot.
- starla
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8 years 3 months ago #148433 by starla
ESA Tribunal, worrying a lot. was created by starla
Hi all,
Hopefully others can reassure over this.
I had my ESA medical, (after almost a year of claiming ESA) in around July 2015. Despite my answers, many of which the examiner didn't record properly (sadly her word against mine) I was found fit for work.
I then went for mandatory reconsideration, I didn't realise I should send in evidence for this, I was told by the DWP they would ask my GP for records and use that as part of their response. I was also told by my GP she could not write me a letter of support as the DWP would check the medical records themselves.
They found me fit for work again, so I am now going to tribunal. I have send two letters of evidence/support from my GP (finally got her to do it) and from a counsellor I was seeing. I have another one to send (but I don't know where to send it?) Should I send in hospital appointment letters? (I'm in England, if anyone knows where I send evidence...)
The DWP have also sent me a pile of paperwork (which I think is their evidence?) it includes a period during 2013 when I was on ESA and was initially found fit for work after a medical. I successfully appealed that and was awarded ESA, but of course they didn't include that evidence...
Anyway I'm really worried, never had to go to tribunal before or any kind of official hearing with a judge and so on, I have no idea what to expect and even if I'm doing anything right. I have an operation due next month and am not sure how to inform the tribunal service I can't do that date (or a few weeks afterwards...)
thanks in advance, anyone
Hopefully others can reassure over this.
I had my ESA medical, (after almost a year of claiming ESA) in around July 2015. Despite my answers, many of which the examiner didn't record properly (sadly her word against mine) I was found fit for work.
I then went for mandatory reconsideration, I didn't realise I should send in evidence for this, I was told by the DWP they would ask my GP for records and use that as part of their response. I was also told by my GP she could not write me a letter of support as the DWP would check the medical records themselves.
They found me fit for work again, so I am now going to tribunal. I have send two letters of evidence/support from my GP (finally got her to do it) and from a counsellor I was seeing. I have another one to send (but I don't know where to send it?) Should I send in hospital appointment letters? (I'm in England, if anyone knows where I send evidence...)
The DWP have also sent me a pile of paperwork (which I think is their evidence?) it includes a period during 2013 when I was on ESA and was initially found fit for work after a medical. I successfully appealed that and was awarded ESA, but of course they didn't include that evidence...
Anyway I'm really worried, never had to go to tribunal before or any kind of official hearing with a judge and so on, I have no idea what to expect and even if I'm doing anything right. I have an operation due next month and am not sure how to inform the tribunal service I can't do that date (or a few weeks afterwards...)
thanks in advance, anyone
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8 years 3 months ago #148449 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Tribunal, worrying a lot.
Starla
The Tribunal will be quite intense and it may feel like you are being interrogated but they are fair and they will look at your claim from scratch.
As you are a relatively new user I would recommend that you sit down with our ESA Claim guides, your ESA50 and the assessment report to see why you failed to receive an award.
Whilst evidence to support your claim is important it is unlikely in itself to result in an award you need to explain in detail why you meet the criteria for one, the Guides explain the criteria that you are being assessed against and how to explain your limitations.
The letters you have received from the Tribunal Service should include contact numbers, give them a ring and let them know about the operation and the dates that you are unavailable for so that you do not receive a hearing when you are unavailable.
If you have any more questions then reply to this post and we will do our best to help,
Gordon
The Tribunal will be quite intense and it may feel like you are being interrogated but they are fair and they will look at your claim from scratch.
As you are a relatively new user I would recommend that you sit down with our ESA Claim guides, your ESA50 and the assessment report to see why you failed to receive an award.
Whilst evidence to support your claim is important it is unlikely in itself to result in an award you need to explain in detail why you meet the criteria for one, the Guides explain the criteria that you are being assessed against and how to explain your limitations.
The letters you have received from the Tribunal Service should include contact numbers, give them a ring and let them know about the operation and the dates that you are unavailable for so that you do not receive a hearing when you are unavailable.
If you have any more questions then reply to this post and we will do our best to help,
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 2 months ago #151562 by starla
Replied by starla on topic ESA Tribunal, worrying a lot.
Thanks Gordon,
I actually ended up sending them a letter detailing my operation dates and how long recovery would be. It seems they have completely ignored that as they have since sent me a tribunal date for 2 weeks post operation (recovery is 6 weeks plus). I will try and give them a ring and see what they say, but I am not too happy!
I actually ended up sending them a letter detailing my operation dates and how long recovery would be. It seems they have completely ignored that as they have since sent me a tribunal date for 2 weeks post operation (recovery is 6 weeks plus). I will try and give them a ring and see what they say, but I am not too happy!
The following user(s) said Thank You: bo
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