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Appeal date set

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7 years 9 months ago #162030 by Nickjb
Appeal date set was created by Nickjb
Sorry for a new thread only hoping that forum members who have been through ESA appeals may be able to share their experiences with me. Appeal date set for 2 weeks - feel sick already. Have prepared my case based on the qualifying criteria and I plan to focus on how I meet the descriptors but any tips at all on how to prepare/deal with this daunting task. I know I wont sleep now for the next two weeks - any tips/advice very appreciated - thanks in advance :)

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7 years 9 months ago #162050 by Gordon
Replied by Gordon on topic Appeal date set

Nickjb wrote: Sorry for a new thread only hoping that forum members who have been through ESA appeals may be able to share their experiences with me. Appeal date set for 2 weeks - feel sick already. Have prepared my case based on the qualifying criteria and I plan to focus on how I meet the descriptors but any tips at all on how to prepare/deal with this daunting task. I know I wont sleep now for the next two weeks - any tips/advice very appreciated - thanks in advance :)


Hopefully members that have gone through the process can give you some idea of how it went for them.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Nickjb

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7 years 9 months ago #162092 by slugsta
Replied by slugsta on topic Appeal date set
You might find this helpful :)

The video DWP tried to ban!

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Derek4

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7 years 9 months ago #162093 by Derek4
Replied by Derek4 on topic Appeal date set
Hi Nickjb,

Last week I appealed a fit-for-work decision and the tribunal placed me back in the support group.

Interestingly, the judge began the hearing by declaring that they are independent of the DWP and are not intent on asking trick questions but aim to establish what points I score. I felt that he was making a connection between DWP and trick questions and was probably well aware that the evidence against an appellant is biased.

The tribunal were very polite and sensitive at all times (most of them are). The questioning was fairly robust and at times I thought the medical member was sympathetic but the judge may have been sceptical. However, when I returned to the room for the decision and the judge seemed happy to place me back in the support group I realized he had a poker face during the hearing.

One thing I would take from the experience is that if you feel the tribunal is being sceptical during the hearing it's probably best to ignore it and focus on answering their questions as best you can. The tribunal are simply trying to establish the facts and to some extent have to be sceptical to do this.

Also, if you're asked a question that obviously relates to a specific descriptor, I would recommend answering the question directly but then giving any additional information you feel would assist the tribunal in deciding whether you score points.

Don't forget that there is some valuable advice on preparing for the hearing in the appeal guide.

Best of luck and let us all know how you got on.

Derek

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7 years 9 months ago #162095 by Derek4
Replied by Derek4 on topic Appeal date set

Mrs Hurtyback wrote: You might find this helpful :)

The video DWP tried to ban!


Thanks Mrs H.

I had forgotten all about that video and never did get to see it.

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7 years 9 months ago #162420 by Nickjb
Replied by Nickjb on topic Appeal date set
Hi Derek Many many thanks for your reply and useful information so pleased for you too!
I plan to make sure I base my case and all info on the descriptors as realise I need to show I meet the legal requirements for ESA but I have lots of other information to elaborate if need to.
I plan to just be honest and be me - just hope they can see my situation and case but we shall see thank you again and well done!

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