Login FormClose

Free ESA, PIP and DLA Updates

With over 140,000 subscribers our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare.   Get your free benefits updates now.
Welcome, Guest
Username: Password:
Remember me
Members

TOPIC: The use of recordings as evidence ESA Tribunal

The use of recordings as evidence ESA Tribunal 1 month 5 days ago #200716

Hi,

yes I realise they are low - I was just hoping the fact that the assessor had done a cut and paste job and ignored my evidence, form and MR additional information that would be something I could show to the Tribunal to back up what I was saying - ie that my evidence wasn't actually looked at in the process.

Im just trying to work out what's worth saying and what isn't and struggling as I tend to just talk aimlessly when im anxious, which I will be.

Thanks

Please Log in or Create an account to join the conversation.

The use of recordings as evidence ESA Tribunal 1 month 5 days ago #200719

Rococo

Try starting with bullet points, then expand to a sentence, then to a paragraph and so on.

Gordon
The following user(s) said Thank You: Rococo

Please Log in or Create an account to join the conversation.

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

The use of recordings as evidence ESA Tribunal 4 weeks 1 day ago #201120

I had my Tribunal a few days ago and won :)

This is great news after a long battle but im worried about something that may have implications for when I have to do the transfer to PiP ( and any future ESA stuff)

I was appealing the removal of mental health points mainly, as I already had 6 points in a physical descriptor as I always have had.

The Tribunal gave me 18 points in mental health but appeared to not have looked at the physical at all, so although im now back in the support group as I also got a support group descriptor I no longer have any physical points?

I was told that they Tribunal probably stopped assessing once they had over 15 points and/or reg 29/35 but this could impact me at some point, is there anything I could or should do?

Thanks

Please Log in or Create an account to join the conversation.

The use of recordings as evidence ESA Tribunal 4 weeks 1 day ago #201130

Rococo

Congratulations on the award, well done.

I usually takes the DWP 5-8 weeks to process a Tribunal result, you might want to give them a call just to make sure that they have received the Decision Notice.

It's a common mistake, the Support Group is not points based so the 6 points you scored in the physical section is actually of no value to your award.

Once a Support Group Descriptor has been met the panel are under no obligation to look further.

Gordon

tags: @RESULT @ESA @APPEAL
The following user(s) said Thank You: Rococo

Please Log in or Create an account to join the conversation.

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

The use of recordings as evidence ESA Tribunal 4 weeks 1 day ago #201136

Right so its a case of them not looking beyond what they did, rather than them disagreeing with the points the DWP gave - that's a relief!

- would it be worth asking for a full statements of reasons in case the lack of physical issues becomes a problem when I move over to Pip? - im asking because ive read that the DWP can now invoke ESA decisions in PiP claims and vice versa...

I just want to say- I wouldn't have known to keep trying to point out issues related to regulation 35 ( or even that it existed) without your excellent guides/news and forum. Just knowing how things worked a little better gave me the confidence to know the 3 most important things I needed to say as I was too unwell to focus on much!
The following user(s) said Thank You: Gordon

Please Log in or Create an account to join the conversation.

The use of recordings as evidence ESA Tribunal 4 weeks 1 day ago #201140

Rococo

DO NOT ask for a SoR. Requesting one is the first stage to an appeal to the UTT, in addition to your receiving a copy so will the DWP, potentially offering them a chance to challenge the Decision where they would not have done otherwise.

Gordon
The following user(s) said Thank You: Rococo

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Moderators: bro58GordonMrs Hurtyback