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Error in law

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8 years 2 weeks ago #156152 by Johnny81
Replied by Johnny81 on topic Error in law
Many thanks again Gordon I am so glad I found this forum. I will ask my GP when I see him tomorrow to backdate it for the last 4 weeks then as you say there isn't any legal reason for them not to.

Regarding payment the DWP stated that they can't pay me from 12/03/16 so do I ask the GP to make the note from 12th or 13th?

The six month rule is very harsh as I really don't know what to do if my appeal fails. I would have to say it's got worse.

Do you know approx how long I will be waiting for the tribunal once I have sent my appeal?

Do you feel I would have a better chance if I had a representative from CAB with me or could I just go it alone?

What evidence would help my appeal as I didn't have any other evidence for my mandatory consideration?

I don't currently have further evidence so how would I go about providing it?

On the SSCS1 form under section 5 grounds for appeal what would be an example to write and should I sent a separate letter explaining all the points?

Thank you so much for your time

John.

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8 years 2 weeks ago #156156 by Gordon
Replied by Gordon on topic Error in law
Johnny

I'd ask for the Fit Note to be from the 12th, there's no harm in being dated too early, but if it is late they won't pay you.

ESA Tribunals are usually held in 2-3 months, but there is considerable regional variation, for example the SW could easily be 6 months or more.

As a general statistic, claimants who are represented have a better chance of a successful appeal, but if you do find someone to help you then make sure you ask them about their track record, a bad representative can be a lot worse than none at all. Also, a lot of claimants win their cases without a representative so don't assume that you will be disadvantaged significantly if you cannot find one.

You need evidence that supports your limitations, it's easy to assume that someone with a foot to thigh cast due to a broken leg is going to have problems walking, sometimes the effects can be less obvious, but it will really help if you can show that there is a reasonable cause for your problems.

You don't have to go into detail why you are appealing, the ESA Appeal guide explains how to complete the form. You would normally provide your detailed reasons for appealing once you have received the DWP's submission to the TS.

Gordon

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

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8 years 2 weeks ago #156178 by Johnny81
Replied by Johnny81 on topic Error in law
Ok thanks for the info.

I am in the chesterfield region do you know where the TS will be held?

How do I obtain evidence that supports my limitations? I can't walk any more than 100m without stopping due to pain and I can't do it repeatedly. How do I show evidence of this for example?

Do I need to get a written statement or letter from my physiotherapist or GP explaining this?

I am going to CAB in a few days do I need to take in any other forms or info other than the SSCS1 form?

Thanks again,

John.

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8 years 2 weeks ago - 8 years 2 weeks ago #156198 by Gordon
Replied by Gordon on topic Error in law
Johnny

You should be able to find the likely venue on the following

www.appeals-service.gov.uk/Venues/venues.htm

Yes, start with your GP and Physiotherapist.

I would take any documents you have to the CAB.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 2 weeks ago by Gordon.

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8 years 2 weeks ago #156213 by Johnny81
Replied by Johnny81 on topic Error in law
Thanks for the info Gordon.

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8 years 2 weeks ago #156247 by Johnny81
Replied by Johnny81 on topic Error in law
I forgot to ask about the work focused interviews which I had to attend while I was in the WRAG. I am no longer in the WRAG as I am appealing, so do I still have to attend these? My next one is due next month.

Thanks again,

John.

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