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Advice please? ESA Tribunal
- bro58
11 years 7 months ago #110344 by bro58
Replied by bro58 on topic Advice please? ESA Tribunal
Hi TT,
If you are going to provide fresh evidence on the day of the hearing, you should take 5 copies of everything.
Keep one copy each for you and your friend, then give the other three to The Clerk as soon as you arrive.
One for each of the panel, and the other just in case a DWP Presenting Officer is in attendance. (Which is unlikely)
bro58
If you are going to provide fresh evidence on the day of the hearing, you should take 5 copies of everything.
Keep one copy each for you and your friend, then give the other three to The Clerk as soon as you arrive.
One for each of the panel, and the other just in case a DWP Presenting Officer is in attendance. (Which is unlikely)
bro58
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- TraderT
- Topic Author
11 years 7 months ago - 11 years 7 months ago #110384 by TraderT
Just nerves that's all, and don't want to make things worse.
Will this be another 13 weeks ordeal, and if so, will he get any benefit in the meantime?
I'm not sure how I'm supposed to provide proof. I can't very well ask him to push a wheelchair anywhere. The only evidence I can provide is my personal opinion, what he says himself, and what his gp states.
Is this considered proof?
Thanks again.
Replied by TraderT on topic Advice please? ESA Tribunal
As the Tribunal hearing is only a week away, I do not really see any benefit in cancelling it now, but that's up to you.
Just nerves that's all, and don't want to make things worse.
From what you have posted, if the appeal is unsuccessful, he should be able to make a fresh claim for ESA straight away.
Will this be another 13 weeks ordeal, and if so, will he get any benefit in the meantime?
Remember that with Activity 1. not only do you have to prove that he cannot walk the requisite 50 metres aided or unaided, you also have to show that he cannot self propel a manual wheelchair the same distance, unaided.
I'm not sure how I'm supposed to provide proof. I can't very well ask him to push a wheelchair anywhere. The only evidence I can provide is my personal opinion, what he says himself, and what his gp states.
Is this considered proof?
Thanks again.
Last edit: 11 years 7 months ago by Gordon.
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- Gordon
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11 years 7 months ago #110401 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Advice please? ESA Tribunal
TraderT
As it would be a new claim, there will be the standard 13 week Assessment period. Providing that they are not subject to time limited ESA(CB), they will receive the ESA Assessment rate until a Decision is made.
In principle there are two reasons why a claimant would be unable to use a wheelchair, the more effective is that there are physical problems that prevent them doing, this might be due to a disability that effect the hands, arms or upper body, or a problem affecting the heart or lungs that limits the amount of physical exertion that can be done, these are just examples there may be others.
Secondly you can show that using a wheelchair is not reasonable, this might be because medical advice has said not to use one, or that issues such as living in a flat with no lift would prevent it. Recent Case Law has undermined this argument to some extent, but it is still valid.
Evidence would be required to support either of these arguments.
Gordon
As it would be a new claim, there will be the standard 13 week Assessment period. Providing that they are not subject to time limited ESA(CB), they will receive the ESA Assessment rate until a Decision is made.
In principle there are two reasons why a claimant would be unable to use a wheelchair, the more effective is that there are physical problems that prevent them doing, this might be due to a disability that effect the hands, arms or upper body, or a problem affecting the heart or lungs that limits the amount of physical exertion that can be done, these are just examples there may be others.
Secondly you can show that using a wheelchair is not reasonable, this might be because medical advice has said not to use one, or that issues such as living in a flat with no lift would prevent it. Recent Case Law has undermined this argument to some extent, but it is still valid.
Evidence would be required to support either of these arguments.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- TraderT
- Topic Author
11 years 7 months ago - 11 years 7 months ago #110462 by TraderT
Replied by TraderT on topic Advice please? ESA Tribunal
What is regarded as evidence? All we really have is my personal opinion as his friend, and the possibility that his gp may make a statement. Will that be good enough?
Last edit: 11 years 7 months ago by Gordon.
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- Gordon
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11 years 7 months ago #110464 by Gordon
They can request access to their medical records.
Requesting your medical records
Charging for medical records
A Statement of Fact from you may help and a letter from their GP, if it is related to the ESA Descriptors, will also be of assistance.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Advice please? ESA Tribunal
TraderT wrote: What is regarded as evidence? All we really have is my personal opinion as his friend, and the possibility that his gp may make a statement. Will that be good enough?
They can request access to their medical records.
Requesting your medical records
Charging for medical records
A Statement of Fact from you may help and a letter from their GP, if it is related to the ESA Descriptors, will also be of assistance.
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.
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