Appeal or no appeal that is the question.

Hi All,
pleased to see the site is once more up and running,appeal finally heard 10.10 am 9/5/2011 request for ESA support group status between August-December 2010 dismissed ,much play upon the virtual wheelchair possibility totally ignored sitting problems and much of the medical evidence provided so it seems I am destine to remain in the ESA CB WRAG.
Really am tired of all the aggravation, medication not helping I know allowing the fabricated report of the health care professional to remain unchallenged, not to mention the fiasco of the tribunal will cast shadows over any future claim for DLA mobility which is due for renewal in August however,it seems I must now seek more professional advice to see where to go from here.
Suggestions from the battle hardy not quite so wiped out by the whole b----y process most welcome.

Hi Bill,

The 'imaginary wheelchair' only applies to assessments made after 28 March 2011.

The support group descriptor under the 'old' assessment refers to 'the claimant's wheelchair'. So I'm not sure how they could assess your use of one of you don't have one.

Sounds like it might be an issue for the upper tribunal.

Steve

Thanks Steve and Gordon,
just phoned Tribunals service will be applying in writing for full transcript of the Tribunal on 9/5/2011 initially there looks to be an error in law, and yes Gordon professional advice is most definitely required, will start making inquiries as soon as transcript is received. Hope CAB will be able to inform me of a local organisation who may be prepared to represent me at upper tribunal.

Hi All,
have not posted for a while, finally received the transcript from the first tier ESA tribunal, even though there were a great deal of questions at the tribunal in relation to the use of a wheelchair, due to my statement that I did not have a wheelchair and was anticipating a second operation any ability to use a wheelchair was disregarded.
The healthcare professionals comments in relation to observations were not happily worded and a statement on his account that my walking ability was less than 30 metres was a semantic error, a slip of the pen. did not help he ticked a box stating I could walk 100m.
Documentation from my Consultant and GP were quoted from prior to the period of time I was trying to obtain support group status August-December 2010 with no mention of deterioration of condition prior to the second operation.
The Tribunal was sceptical that a taxi driver (ex) especially given time to think before completing my form would not have a better appreciation of distance. The use of sceptical in relation to my walking ability at the time used on more than one occasion.( I assume the idiots mean I was being untruthful, definitely not the case)
I have tried to contact the CAB for advice leaving messages etc as of yet no reply have until 28/8 to respond if there is a point of law to appeal to Upper Tribunal.
CAB only advice organisation locally really beginning to question whether it is worth pursuing the case on a matter of principal.
Please to report mobility greatly improved no longer in receipt of DLA and start at residential college on the 15/8.
Any comments appreciated.

Bill

I think that you do need an adviser to go through your appeal transcript with a fine toothcomb because it's not immediately obvious from what you write what error of law there may be (having regard to what you now say about the wheelchair).