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esa appeal submission.. some questions

  • nik
  • Topic Author
11 years 1 month ago #104060 by nik
Replied by nik on topic esa appeal submission.. some questions
how do i find out who that is?
.. i havent had any correspondence from them yet , just the DWP

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  • nik
  • Topic Author
11 years 1 month ago - 11 years 1 month ago #104062 by nik
Replied by nik on topic esa appeal submission.. some questions
it says in my esa tribunal bundle " ..determined that by reason of physical and/or mental condition none of the descriptors set out in schedule 2 to the ESA regulations apply"

and there is a copy of schedule 3 attached....which i thought was the descriptors for the support group?
Last edit: 11 years 1 month ago by bro58.

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11 years 1 month ago #104063 by Gordon
Replied by Gordon on topic esa appeal submission.. some questions
nik

I am going to assume by submission you mean the totality of your case to the Appeal panel rather than a short statement that you might want make at the hearing.

This being the case, I would suggest the following.

First we do not have any examples as there would be the risk of a member using it verbatim which would likely not be to there advantage.

As a template I would suggest the following.

- front page identifying who you are and the decision you are challenging.
- table of contents with page numbers
- summary of your case (max one page), for example; I believe I meet the requirements for ESA Descriptor 1, 5 and 10 with a brief explanation of why. Typically one sentence followed by a short paragraph for each descriptor.
- detailed explanation of why I meet the criteria for the SG. For each descriptor, why you meet the criteria, referencing any supporting evidence and/or reference documents.
- why you think the ATOS medical report is wrong, keep it short, for example; not supported y the evidence on page x, assessor did not directly assess this. etc.
- medical evidence
- reference to other materials for example, if you have a rare condition or one that is easily confused with another.

The evidence pack should been numbered by the TS, use these to reference any content

I hope this helps

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: nik

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  • bro58
11 years 1 month ago #104065 by bro58
Replied by bro58 on topic esa appeal submission.. some questions

bro58 wrote:

nik wrote: how do i find out who that is?
.. i havent had any correspondence from them yet , just the DWP


Hi n,

I am taking it that you have had an unsuccessful reconsideration carried out by The DWP, and your appeal has been sent to The TS, and you have received your "Evidence Pack/Bundle", is that correct ?

bro58

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  • nik
  • Topic Author
11 years 1 month ago #104066 by nik
Replied by nik on topic esa appeal submission.. some questions
thankyou Gordon... that helps a lot... should keep me on track :)

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11 years 1 month ago - 11 years 1 month ago #104067 by Gordon
Replied by Gordon on topic is this a typing error?

nik wrote: it says in my esa tribunal bundle " ..determined that by reason of physical and/or mental condition none of the descriptors set out in schedule 2 to the ESA regulations apply"

and there is a copy of schedule 3 attached....which i thought was the descriptors for the support group?


It could be, but if you qualified for the WRAG under the exceptional Circumstances then it would be correct.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 1 month ago by Gordon.

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