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Tribunal appeal concerning ESA
- jdnw27370
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6 years 11 months ago #188824 by jdnw27370
Tribunal appeal concerning ESA was created by jdnw27370
I have to attend a ESA tribunal (when form is filled)but I'm very worried as the HCP has lied on his assessment of me and theDWP have written a very angry reply stating why they are supporting the HCP decision I was wondering what should I put in the SSCS1 form grounds for appeal do I use the descriptors that apply to me or something else the HCP(it hurts to even call him that )didn't even have the decency to include his name or qualifications on the form he also stated that I refused a medical examination on the grounds that I was in to much pain which I didn't both myself and my wife/carer were stunned he even diagnosed. My arm without me removing my jacket we have attended a lot of medicals over the years but this is the first time we have encountered a blatant liar he also had the Gaul to photocopy my new medication in the shortlist time ever which we suspect that he didn't do as it is know where to be seen which included a emergency medical card that even a magician would struggle to get out of its sleeve now do I also mention how bad the assessor was or will this just get there backs up he also is a chemist as he said my painkillers are moderate well that's one set of painkillers but not the main ones also should I have someone else with us it will be me and my wife/carer attending I would be very grateful for any guidance concerning this worrying time for me and my family thank you
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- Gordon
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6 years 11 months ago - 6 years 11 months ago #188887 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal appeal concerning ESA
John
There is an example complete SSCS1 form in the Submissions document in the ESA section.
You do not need to provide detailed reasons for your appeal on the form, just briefly explain why you feel the Decision is wrong so for example;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness as a result I believe that the decision on my Mobility is incorrect as the DWP did not consider whether I could walk the distance without significant breathlessness."
Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your ESA50, the assessment report and the PIP Claim guide to see how you might show this is the case.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
There is an example complete SSCS1 form in the Submissions document in the ESA section.
You do not need to provide detailed reasons for your appeal on the form, just briefly explain why you feel the Decision is wrong so for example;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness as a result I believe that the decision on my Mobility is incorrect as the DWP did not consider whether I could walk the distance without significant breathlessness."
Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your ESA50, the assessment report and the PIP Claim guide to see how you might show this is the case.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 6 years 11 months ago by Gordon.
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