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esa appeal
- marina
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13 years 6 months ago #56721 by marina
esa appeal was created by marina
hi all appealing no esa since jan 11 received notes (bundle)in post reading it through and it says that they tried to ring me, -no answer-to see if i had any more information to add before it gos to tribunal CONFUSED WY DIDN'T THEY WRITE TO ME SAYING IF I HAD ANY MORE INFO. DOCTORS LETTER / SURLY THEY WOULD WANT TO SEE THEM WHAT GOOD WOULD A PHONE CALL HAVE BEEN?ALL SO THEY HAVE LOST MY ESA FORM I FILLED OUT IN DECEMBER BEFORE CALLED FOR MEDICAL PLEASE COULD SOME ONE ADVISE ME WHAT NEXT TO DO I AN REALLY CONFUSED IF AND WHEN I GO TO TRIBUNAL THEY WILL NOT HAVE MY FORM TO LOOK AT SURLY THEY MESSED UP BIG TIME.OW ANOTHER THING SENT OF FORM TO TRIBUNAL WITH LETTER FROM HOSPITAL .
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- Steve Donnison
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13 years 6 months ago #56728 by Steve Donnison
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Steve Donnison on topic Re:esa appeal
Hi Marina,
As far as doctors letters and other evidence goes, you can send these in at any time before the tribunal date. So I wouldn't worry too much about the missed telephone call.
If the DWP lost your form before your medical then that would castvconsiderable doubt on the reliability of the Atos health professionals evidence. Do you know if the doctor or nurse had a copy of your form when they did the medical?
If they have lost the form since your medical, I'm afraid there's probably not a lot you can do about it other than making a complaint under the data protection act because they have not looked after your data properly. The only thing I can suggest is that you try to ensure that the same written evidence that was on your form, or similar, is presented to the tribunal.
If you can get help with preparing a case from an vadvice agency that would obviously be useful too.
Good luck,
Steve
As far as doctors letters and other evidence goes, you can send these in at any time before the tribunal date. So I wouldn't worry too much about the missed telephone call.
If the DWP lost your form before your medical then that would castvconsiderable doubt on the reliability of the Atos health professionals evidence. Do you know if the doctor or nurse had a copy of your form when they did the medical?
If they have lost the form since your medical, I'm afraid there's probably not a lot you can do about it other than making a complaint under the data protection act because they have not looked after your data properly. The only thing I can suggest is that you try to ensure that the same written evidence that was on your form, or similar, is presented to the tribunal.
If you can get help with preparing a case from an vadvice agency that would obviously be useful too.
Good luck,
Steve
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- marina
- Topic Author
13 years 6 months ago #56754 by marina
Replied by marina on topic Re:esa appeal
many thanks for your reply the forms got lost after the medical i photo copied them any way do you think i should send the tribunal a copy with other letters from people that nos how my illness effects me i have sent medical letter already to the tribunal with the letter to sign if i wanted to go ahead with the appeal.thanks marina.
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- Gordon
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13 years 6 months ago #56780 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:esa appeal
marina wrote:
Gordon
It would be well worth submitting your ESA50 as evidence as this would normally be included in the evidence pack created by the DWP, and of course, because they have lost it, they won't be able to.many thanks for your reply the forms got lost after the medical i photo copied them any way do you think i should send the tribunal a copy with other letters from people that nos how my illness effects me i have sent medical letter already to the tribunal with the letter to sign if i wanted to go ahead with the appeal.thanks marina.
Gordon
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- RachelPotter
13 years 6 months ago #56790 by RachelPotter
Replied by RachelPotter on topic Re:esa appeal
Don't forget to keep copies of everything you send
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- marina
- Topic Author
13 years 6 months ago #56820 by marina
Replied by marina on topic Re:esa appeal
many thanks Steve and Gordon will do and keep copies marina.
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