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ESA Tribunal Appeal
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7 years 7 months ago #167881 by Short
ESA Tribunal Appeal was created by Short
Hi there, First post on here and would like some advice.
Unfortunately after some bad advice from the job centre regarding applying for the Mandatory Reconsideration the decision to put me in WRAG and not the support group was not overturned. Am now looking to appeal and go to Tribunal and just wanted to know what the best way of doing this is.
I am aware I need to complete the SSCS1A form to request the Tribunal and give reasons as to why I dispute the decision, however it is also advisable to write a detailed written statement going through everything i agree/disagree with at this stage and send it in with the Tribunal request or is that something to be left until the actual Tribunal.
Any advice would be appreciated.
Thank you
Unfortunately after some bad advice from the job centre regarding applying for the Mandatory Reconsideration the decision to put me in WRAG and not the support group was not overturned. Am now looking to appeal and go to Tribunal and just wanted to know what the best way of doing this is.
I am aware I need to complete the SSCS1A form to request the Tribunal and give reasons as to why I dispute the decision, however it is also advisable to write a detailed written statement going through everything i agree/disagree with at this stage and send it in with the Tribunal request or is that something to be left until the actual Tribunal.
Any advice would be appreciated.
Thank you
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7 years 7 months ago - 7 years 7 months ago #167887 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Tribunal Appeal
Short
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
The ESA Appeal guide has links to the SSCS1 that you need to complete and instructions on how to complete it. See
www.benefitsandwork.co.uk/help-for-claimants/esa1
You should give serious thought to a written statement for the Tribunal panel, but you do not need to send it now, the DWP will receive notice of your appeal and prepare their case for the hearing, you will receive a copy of this, so you should wait until you do before writing to the Tribunal Service so that you can deal with all of the arguments that they might make.
In order to be placed in the Support Group you will need to meet one or more of the SG Descriptors, these are detailed in the ESA Claim guides on the above link.
If you have further questions then please reply to this post and we ill do our best to help.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
The ESA Appeal guide has links to the SSCS1 that you need to complete and instructions on how to complete it. See
www.benefitsandwork.co.uk/help-for-claimants/esa1
You should give serious thought to a written statement for the Tribunal panel, but you do not need to send it now, the DWP will receive notice of your appeal and prepare their case for the hearing, you will receive a copy of this, so you should wait until you do before writing to the Tribunal Service so that you can deal with all of the arguments that they might make.
In order to be placed in the Support Group you will need to meet one or more of the SG Descriptors, these are detailed in the ESA Claim guides on the above link.
If you have further questions then please reply to this post and we ill do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 7 months ago by Gordon.
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7 years 7 months ago #167932 by Short
Replied by Short on topic ESA Tribunal Appeal
Hi Gordon
Thanks for clearing that up, i also have come across this 'reliably repeatedly and safely' does this still apply for the current ESA, should I be incorporating that into my argument.
I got awarded 15 points and placed in WRAG from Support group. The health assessment concluded that i could walk 200 metres without stopping, from observing me walk 14 metres in the assessment. I want to argue that i should have qualified for the descriptor 'cannot mobilise more than 50 metres without stopping'. I'm not sure how to prove this other than what i tell them, my gp has written a letter which came after i'd sent the mandatory reconsideration form off so i didn't send it, do i hold onto it now and send it in with my tribunal request or to the tribunal, it isn't however detailed or specific to the descriptors.
Thanks
Thanks for clearing that up, i also have come across this 'reliably repeatedly and safely' does this still apply for the current ESA, should I be incorporating that into my argument.
I got awarded 15 points and placed in WRAG from Support group. The health assessment concluded that i could walk 200 metres without stopping, from observing me walk 14 metres in the assessment. I want to argue that i should have qualified for the descriptor 'cannot mobilise more than 50 metres without stopping'. I'm not sure how to prove this other than what i tell them, my gp has written a letter which came after i'd sent the mandatory reconsideration form off so i didn't send it, do i hold onto it now and send it in with my tribunal request or to the tribunal, it isn't however detailed or specific to the descriptors.
Thanks
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7 years 7 months ago #167936 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Tribunal Appeal
Short
Do you know why you qualified for the Support Group previously?
Reliably, repeatedly and safely does apply to ESA but the phrases are not as well defined as they are for PIP, you need to look at the wording of the descriptors to see how these phrases might apply.
If you are hoping to gain access to the SG via the Mobilising descriptor then you need to be aware that this ESA activity is not a walking test, it is a Mobility test! In addition to your walking it considers your ability to self-propel a manual wheelchair over the same distances, you do not need to be using a wheelchair or even to own one for it to be considered. So even if you can show your walking is restricted, unless you can also show that you cannot self-propel the wheelchair you will still not score points.
There is no point in your holding on to information, this is all about your getting the right award as soon as you can, you can forward additional information to the DWP.
Even though your GP is confirming the distance you can walk, it will help if you can also explain the problems you have when walking (and propelling a wheelchair), for example; due to joint pain caused by my Osteoarthritis I suffer significant pain after walking more than 25m, or due to asthma I am left breathless after walking 20m and I am unable to continue walking until my breathing has returned to normal, the takes a minimum of five minutes and is often more.
Grdon
Do you know why you qualified for the Support Group previously?
Reliably, repeatedly and safely does apply to ESA but the phrases are not as well defined as they are for PIP, you need to look at the wording of the descriptors to see how these phrases might apply.
If you are hoping to gain access to the SG via the Mobilising descriptor then you need to be aware that this ESA activity is not a walking test, it is a Mobility test! In addition to your walking it considers your ability to self-propel a manual wheelchair over the same distances, you do not need to be using a wheelchair or even to own one for it to be considered. So even if you can show your walking is restricted, unless you can also show that you cannot self-propel the wheelchair you will still not score points.
There is no point in your holding on to information, this is all about your getting the right award as soon as you can, you can forward additional information to the DWP.
Even though your GP is confirming the distance you can walk, it will help if you can also explain the problems you have when walking (and propelling a wheelchair), for example; due to joint pain caused by my Osteoarthritis I suffer significant pain after walking more than 25m, or due to asthma I am left breathless after walking 20m and I am unable to continue walking until my breathing has returned to normal, the takes a minimum of five minutes and is often more.
Grdon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 7 months ago #167945 by Short
Replied by Short on topic ESA Tribunal Appeal
Thats really helpful Gordon.
I actually have Psoriatic Arthritis and have had it since i was 17, I was awarded 6 points for the Reaching element and 6 points for picking up and moving things, i suffer in my arms and shoulders so i guess this would show that i wouldn't be able to use a wheelchair?
My knee is pretty much permanently swollen unless i've had some steroid injection, which gives it temporary relief which typically this is when i had the assessment.
I don't know why i was in the support group before as i never obtained the medical reports. The assessment time previous to this one i was placed in WRAG again and appealed and then was put back into the support group, i'm assuming because ATOS was dealing with it then when things were all a bit of a mess.
So regarding GP letter just forward them a copy now. I have requested a letter from the Consultant but not holding my breath as they aren't always that forthcoming.
Thanks again Gordon
I actually have Psoriatic Arthritis and have had it since i was 17, I was awarded 6 points for the Reaching element and 6 points for picking up and moving things, i suffer in my arms and shoulders so i guess this would show that i wouldn't be able to use a wheelchair?
My knee is pretty much permanently swollen unless i've had some steroid injection, which gives it temporary relief which typically this is when i had the assessment.
I don't know why i was in the support group before as i never obtained the medical reports. The assessment time previous to this one i was placed in WRAG again and appealed and then was put back into the support group, i'm assuming because ATOS was dealing with it then when things were all a bit of a mess.
So regarding GP letter just forward them a copy now. I have requested a letter from the Consultant but not holding my breath as they aren't always that forthcoming.
Thanks again Gordon
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7 years 7 months ago #168471 by Short
Replied by Short on topic ESA Tribunal Appeal
Hi Gordon
You said i do not need to submit a detailed statement yet, so what should i include when filling out the form as to why i want to appeal? There's quite a lot i want to challenge/explain but i understand i do that at Tribunal point but need advice as to what i need to submit now.
Thank you
You said i do not need to submit a detailed statement yet, so what should i include when filling out the form as to why i want to appeal? There's quite a lot i want to challenge/explain but i understand i do that at Tribunal point but need advice as to what i need to submit now.
Thank you
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