- Posts: 51284
 
 			× 			Members		
 	 	Appeal hearing/Re-applying for ESA
- jkw10
 - Topic Author
 
 			 	 						14 years 8 months ago				#47767 		by jkw10  	  	 		 			 	    			 			 		 													
 	 				Appeal hearing/Re-applying for ESA was created by jkw10 			
  			 				I hope someone can answer this question for me.
 
I have my ESA appeal hearing in mid March. I have poor medical evidence as my local NHS consultant stopped taking new patients due to funding problems (his clinic is likely to close imminently) and I have been moved from one GP to another due to staffing problems at my surgery. I am still waiting for a new GP to write my report, having lodged my appeal last September!
 
I hold out very little hope of winning.
 
Q1 - should I still attend the appeal in person?
 
Q2 - can I re-apply for ESA if I fail the appeal? Six months will have passed since being declared 'fit for work'.
 
Thank you.
  					I have my ESA appeal hearing in mid March. I have poor medical evidence as my local NHS consultant stopped taking new patients due to funding problems (his clinic is likely to close imminently) and I have been moved from one GP to another due to staffing problems at my surgery. I am still waiting for a new GP to write my report, having lodged my appeal last September!
I hold out very little hope of winning.
Q1 - should I still attend the appeal in person?
Q2 - can I re-apply for ESA if I fail the appeal? Six months will have passed since being declared 'fit for work'.
Thank you.
Please Log in or Create an account to join the conversation.
- Gordon
 - Offline
 
 		Less 		More 		 			 	
 		 			 	 						14 years 8 months ago				#47769 		by Gordon 	  	 		 			 					
Nothing on this board constitutes legal advice - always consult a professional about specific problems 					 	    			 			 		 													
 	 				Replied by Gordon on topic Re:Appeal hearing/Re-applying for ESA			
  			 				jkw
 
The success rate for Oral hearing, where the claimant attends, is significantly higher than that for a paper hearing. Whilst a Tribunal must review all of the evidence, they often put more weight on the testimony of the claimant.
 
Yes, you can re-apply for ESA, once six months have elapsed from the original decision.
 
Gordon
  							The success rate for Oral hearing, where the claimant attends, is significantly higher than that for a paper hearing. Whilst a Tribunal must review all of the evidence, they often put more weight on the testimony of the claimant.
Yes, you can re-apply for ESA, once six months have elapsed from the original decision.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- jkw10
 - Topic Author
 
 			 	 						14 years 8 months ago				#47773 		by jkw10  	  	 		 			 	    			 			 		 													
 	 				Replied by jkw10  on topic Re:Appeal hearing/Re-applying for ESA			
  			 				Thank you Gordon.			
  					Please Log in or Create an account to join the conversation.
- youngsteptoe
 
 			 	 						14 years 8 months ago				#47795 		by youngsteptoe 	  	 		 			 	    			 			 		 													
 	 				Replied by youngsteptoe on topic Re:Appeal hearing/Re-applying for ESA			
  			 				hi everbody.
 
just to add to this if you fail a tribunal
after over six months have past since the
failure of your wca. do the dwp write to your doctor to tell them not to issue you
with any more sick notes.as they do when they make there original wca decision or
is the slate rubbed clean and this is the
start of wca mark 11 if you provide a fresh
sick note.
  					just to add to this if you fail a tribunal
after over six months have past since the
failure of your wca. do the dwp write to your doctor to tell them not to issue you
with any more sick notes.as they do when they make there original wca decision or
is the slate rubbed clean and this is the
start of wca mark 11 if you provide a fresh
sick note.
Please Log in or Create an account to join the conversation.
- Gordon
 - Offline
 
 		Less 		More 		 			 	
 		- Posts: 51284
 
 			 	 						14 years 8 months ago				#47801 		by Gordon 	  	 		 			 					
Nothing on this board constitutes legal advice - always consult a professional about specific problems 					 	    			 			 		 													
 	 				Replied by Gordon on topic Re:Appeal hearing/Re-applying for ESA			
  			 				youngsteptoe
 
There is no restriction on your GP issuing Fit notes.
 
Gordon
  							There is no restriction on your GP issuing Fit notes.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- bill 1
 
 			 	 						14 years 8 months ago				#47832 		by bill 1 	  	 		 			 	    			 			 		 													
 	 				Replied by bill 1 on topic Re:Appeal hearing/Re-applying for ESA			
  			 				gorden i have been told by my dr that they are told not to issue any more fit notes when you fail wca unless you appeal or your condition gets worse.
 
bill
  					bill
Please Log in or Create an account to join the conversation.
 		Moderators: Gordon, latetrain, BIS, Catherine12345, Chris, David, Keely