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Will I win my appeal??

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6 years 9 months ago #192454 by Jamie Murray
Will I win my appeal?? was created by Jamie Murray
Hi all
I have been waiting for an ESA appeal date which has finally arrived for tribunal on 6th July. I have over 100 pages of medical evidence from two hospitals, CT scan results proving my condition, endoscopy reports, blood tests, EEG results, letters of support from both my GP and my consultant who said they would in their professional opinion support my appeal. I have liver cirrhosis and life is very difficult. Has anyone been at tribunal with liver cirrhosis recently and won their case?
I have also applied for PIP and I did not get my letter for a home visit until the day after the appointment should have been, now waiting for DWP to see if they will send back to Capita for another appointment.....very frustrating!!

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6 years 9 months ago #192466 by Gordon
Replied by Gordon on topic Will I win my appeal??
Jay

You say that you have 100 pages of evidence, have these been submitted to the Tribunal Service, if they have not then it is too late for you to do this and you run the risk of your hearing being adjourned so that the panel have a chance to read your submission.

An ESA award will only be made by your showing that you meet the criteria for one, so make sure that you understand that criteria and you arguments as to why you meet it.

As to your PIP, be prepared for the DWP to close your claim, you can appeal this Decision or make a new claim.

If you have questions on either of the above then please 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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6 years 9 months ago #192488 by Jamie Murray
Replied by Jamie Murray on topic Will I win my appeal??
Hi Gordon

Thanks for your reply. I have the CAB representing me and I submitted this evidence for them over a month ago to send in response to DWPs Trubunal submittal. I have since obtained letters of support from my GP and consultant in Wales and await further letter of support from my consultant in Liverpool which should arrive by Monday 3rd july. CAB said they were going to submit all my case evidence on Monday too. Is this too late? There is a substantial amount of evidence from medical records over the past 2 years and it continues to grow, I just don't want it to drag in any further as it is so stressful as it is and wearing me down. I mainly gathered all the info for my recent PIP claim but can obviously use the same evidence for my Tribunal which the date came quicker than the CAB thought! Very nervous now really don't want it tonne adjourned ☹️

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6 years 9 months ago #192527 by Gordon
Replied by Gordon on topic Will I win my appeal??
JayMur

The Tribunal Service require all of the claimants submission and evidence to be with them no later than seven days before the hearing, the CAB should know this.

All you can do is wait and see whether they are able to process the information in time. the issue will be if there are differences between the information in your evidence bundle and the ones that the panel have, if there are then it may be possible to sort it out on the day, but it is not the sort of thing that the panel will be happy about.

Gordon

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

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6 years 9 months ago #192816 by Jamie Murray
Replied by Jamie Murray on topic Will I win my appeal??
Hi Gordon

I am pleased to say that thanks to your guides I have won my appeal today and have been placed back into the WRAG. I am now going to appeal this as I have enough medical evidence to get placed in the support group. My questions are that I was taken off ESA on 8th December 2016 and now that I have won my appeal do I get back pay from 8th Dec at WRAG rate from Dec 2016 to April 3rd 2017 or will I continue to get the old WRAG rates as I was a claimant before the WRAG rates changed on 3rd April?

Thanks for your valued advice :)

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6 years 9 months ago #192836 by Gordon
Replied by Gordon on topic Will I win my appeal??
Jay

Congratulations on the WRAG award, well done.

However, you cannot further appeal for the Support Group, if you think that there was an Error or Law in the Decision that was made, then you may be able to get your appeal re-heard but this could easily take the best part of a year and they may still decide that a WRAG award is appropriate.

If your conditions have deteriorated since you were last assessed then you can ask the DWP to look at your claim again, this will result in a new ESA50 and almost certainly a face to face.

It usually takes the DWP 5-8 weeks to process a Tribunal Decision, I would contact them next week to make sure that they have a copy of the Decision Notice.

Gordon

tags: @RESULT @ESA @APPEAL

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

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