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ESA 50 again, 2yrs after winning appeal at tri un
- krazykat
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5 years 2 months ago #234668 by krazykat
ESA 50 again, 2yrs after winning appeal at tri un was created by krazykat
Hi. I've just recieved my eas50 to fill in again.Two and half years ago I was giving 0 points after the face to face, having been in the support group for years after being moved from incapacity benefit.
In the end I had to appeal after being refused at the mandatory reconsideration stage, despite letters from my GP and Specialist and the fact that I have a degenerative condition which MRI scans have proved.
There were many inconsistencies in the decision makers report, even referring to me by the wrong name at one point.
In the end I won my appeal at tribunal, where the two tribunal members couldn't have been kinder. They recommended that I not be assessed for the full two years, which they said was the maximum.
My question is this. Should I mention on my esa50 that I won an appeal two years ago at tribunal and was moved from a ridiculous 0 points to 15 ?
I don't know if I could stand the stress of the whole process again if I'm awarded 0 points and therefore have to appeal again after failing the face to face.
I'm now 60 and my condition is slowly degenerating. I could not use a wheelchair as the two suggested due to the arthritis in my neck and spine. I could also not have my pain medication readjysted as they also suggested. This last suggestion horrified my GP and infuriated my Pain Specialist.
I'm panicking that they'll fail me again as I have no faith or trust in any of them or the process.
So should I mention I won my appeal 2 yrs ago ?
In the end I had to appeal after being refused at the mandatory reconsideration stage, despite letters from my GP and Specialist and the fact that I have a degenerative condition which MRI scans have proved.
There were many inconsistencies in the decision makers report, even referring to me by the wrong name at one point.
In the end I won my appeal at tribunal, where the two tribunal members couldn't have been kinder. They recommended that I not be assessed for the full two years, which they said was the maximum.
My question is this. Should I mention on my esa50 that I won an appeal two years ago at tribunal and was moved from a ridiculous 0 points to 15 ?
I don't know if I could stand the stress of the whole process again if I'm awarded 0 points and therefore have to appeal again after failing the face to face.
I'm now 60 and my condition is slowly degenerating. I could not use a wheelchair as the two suggested due to the arthritis in my neck and spine. I could also not have my pain medication readjysted as they also suggested. This last suggestion horrified my GP and infuriated my Pain Specialist.
I'm panicking that they'll fail me again as I have no faith or trust in any of them or the process.
So should I mention I won my appeal 2 yrs ago ?
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- BIS
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5 years 2 months ago #234670 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic ESA 50 again, 2yrs after winning appeal at tri un
Hi Foxy
Yes, I would definitely mention you won your appeal, and even include a copy of the judgment. You can always explain the things you haven't done, just as you have said so below.
BIS
Yes, I would definitely mention you won your appeal, and even include a copy of the judgment. You can always explain the things you haven't done, just as you have said so below.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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