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Esa and going to Tribunal

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6 years 5 months ago #198525 by Firesprite
Esa and going to Tribunal was created by Firesprite
Hello All, I recently posted regarding my work capability assessment, which went horribly bad and I was awarded 0 points on every single question. I applied for Mandatory Reconsideration and within a couple of days was turned down. I have had to sign on for JSA, even though I have 4 bowel diseases that cause urgency between 9 and 30 times a day. It is costing £25 a time to go to the job centre as I cant travel on the tube and walk the long distance at the end. I am going to ask to go to Tribunal but unsure as to how I go about it, are the DWP supposed to send me the forms automatically or do I have to request them, they were very quick to let my council know I was no longer entitled to housing benefit or council tax benefit. I might add that I received a call from them 2 days before I received the letter turning my reconsideration down, the man was incredibly rude and kept asking why I was calling the hwp a liar. I replied more than once that I was not suggesting she was lying but I did feel she was under pressure, my appointment was 2 hours late and I had to keep repeating myself. Thank you for reading.

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6 years 5 months ago #198550 by Gordon
Replied by Gordon on topic Esa and going to Tribunal
Firesprite

The ESA Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.

Once your appeal is accepted and the DWP have received notification of this then you should be able to ask them to receive the ESA Assessment rate rather than JSA while you wait for a hearing.

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 PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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