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esa appeal
- Rosies
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13 years 9 months ago #49275 by Rosies
esa appeal was created by Rosies
I wonder if anyone would like to comment on this - I am appealing on behalf of my husband against his being put in the ESA work related activity group rather than the support group. It's clear that the medical advisor didn't even take into account the fact that he had recently had most of both his feet amputated as well as his other problems (and even spelt some of the medical terms wrong). He cannot walk at all without being in severe pain. However I have not chosen an oral hearing because my husband hates to admit he is in pain and would definitely minimise his difficulties at tribunal. I know the chances of success at oral are better - is anyone else in this situation with a very brave relative?
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- kathy1
13 years 9 months ago #49280 by kathy1
Replied by kathy1 on topic Re: esa appeal
HI rosies,
All I would say to you is to try and convince your husband to attend an oral hearing, he would definately have a much better chance of winning his appeal.
The tribunal will ask questions and more often than not look at the case from the start independent of preferring a certain piece of medical evidence in favour of another. If your husband is able to explain his difficulties and based on his own verbal evidence to them the tribunal can decide that the evidence from DWP medical examiner is not most favourable to your husband case.
many people have been in the same boat, and many go on to win at oral hearing, which in my own opinion are not as stressful as the stress you are under prior to it is.
Good Luck
kathy
All I would say to you is to try and convince your husband to attend an oral hearing, he would definately have a much better chance of winning his appeal.
The tribunal will ask questions and more often than not look at the case from the start independent of preferring a certain piece of medical evidence in favour of another. If your husband is able to explain his difficulties and based on his own verbal evidence to them the tribunal can decide that the evidence from DWP medical examiner is not most favourable to your husband case.
many people have been in the same boat, and many go on to win at oral hearing, which in my own opinion are not as stressful as the stress you are under prior to it is.
Good Luck
kathy
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- Gordon
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13 years 9 months ago #49286 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:esa appeal
Rosies
These may be things that you have already considered but in case you haven't.
You should seek face to face advice with a suitable advisor, to make sure that your evidence and submission are the best they can be.
You need to make sure that your evidence and submission are returned within the timescales. Paper hearings are heard whenever there are gaps in the Tribunal Calendar so there will be specific date for the hearing.
Whilst I am sure it is unlikely based on your post, you do need to be aware that a Tribunal will examine your husbands case in full, this could result in a loss of benefits.
we have a guides that cover appealing an ESA decision and it also may help to review the Claiming ESA guides as well. The Support Group criteria are listed on page 25 of the Understanding ESA guide.
If you have questions, please come back to the forum.
Gordon
These may be things that you have already considered but in case you haven't.
You should seek face to face advice with a suitable advisor, to make sure that your evidence and submission are the best they can be.
You need to make sure that your evidence and submission are returned within the timescales. Paper hearings are heard whenever there are gaps in the Tribunal Calendar so there will be specific date for the hearing.
Whilst I am sure it is unlikely based on your post, you do need to be aware that a Tribunal will examine your husbands case in full, this could result in a loss of benefits.
we have a guides that cover appealing an ESA decision and it also may help to review the Claiming ESA guides as well. The Support Group criteria are listed on page 25 of the Understanding ESA guide.
If you have questions, please come back to the forum.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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