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ESA appeal

  • Tracie Collier
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12 years 10 months ago #58031 by Tracie Collier
ESA appeal was created by Tracie Collier
Hi, I have my ESA appeal coming up. I have requested my medical records from the hospital but they havent come though yet! Will this go against me at the appeal. All I have is a medical report written by my GP a few hospital letters that I have kept and results of one MRI scan. Thanks

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12 years 10 months ago #58036 by Gordon
Replied by Gordon on topic Re:ESA appeal
Tracie Collier wrote:

Hi, I have my ESA appeal coming up. I have requested my medical records from the hospital but they havent come though yet! Will this go against me at the appeal. All I have is a medical report written by my GP a few hospital letters that I have kept and results of one MRI scan. Thanks

If you do not expect the records to be available until after the Tribunal hearing you should contact the Tribunal Service and ask for the hearing to be delayed for this reason.

The panel are guided by the rules of natural justice and your being unable to present all of your evidence would be a breach of this, so you should be able to get a delay, downside is it might be a long one, given how busy the TS is as the moment.

Let us know how you get on.

Gordon

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

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  • Tracie Collier
  • Topic Author
12 years 10 months ago #58062 by Tracie Collier
Replied by Tracie Collier on topic Re:ESA appeal
Thank you Gordon. Do you not think it may be worth me attending the hearing anyway with the evidence that I have? I am concerned that the judge will feel I have had adaquate time as I appealed in August 2010! To be honest I was unaware that I could get my records from the hospital and just asked my GP to provide a medical report which he has done.
Thank you Tracie

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12 years 10 months ago #58071 by Gordon
Replied by Gordon on topic Re:ESA appeal
Tracie

I really can't advise you on this.

If the Hospital records include details of your disbailities that are not covered in the doctors report, which would be of value to your case, then you should think seriously about including them,

If they only add more detail and nothing new, then it may make sense to leave them out to avoid delaying the hearing.

You know your case better than anyone, what you need to prove and a feeling of how well that has been achieved.

GOrdon

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

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12 years 10 months ago #58090 by Jeff1
Replied by Jeff1 on topic Re:ESA appeal
Hi Tracey, Hospital Records can take up to 40 working days to come through, Could you not ask your GPs Practice Manager and see if there are any copies been sent from the hospital to your GP?. They usually let you have photocopies (small fee sometimes). This may help you. Best Wishes

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  • Tracie Collier
  • Topic Author
12 years 10 months ago #58128 by Tracie Collier
Replied by Tracie Collier on topic Re:ESA appeal
Thank you for that advice Jeff, I will speak to my GP Tracie

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