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ESA & DLA appeal with friend

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12 years 9 months ago - 12 years 9 months ago #61945 by kefkat
ESA & DLA appeal with friend was created by kefkat
She got up from 0 points to 6 points yesterday at appeal. As her claim was over a year a go they said she couldn't prove what she was like then. She was in tears most of it. My friend could barely walk yesterday when she went in.
They told us that we couldn't call the ATOS worker a liar. Not that we did and the appeal panel took everything he put has fact. They even used the fact she has the care of her Grandson because her daughter was 16 when he was born against her, even though her son lives at home and neighbours and friends come in and help her and take the boy to school etc.
They gave us surprisngly the not awarded result on the day yesterday. They clarified that with has it appears she has got worse she should make a new claim for sick!
She is really upset. I have helped her this morning to get back on the sick path and hope to God it goes better this time than last.
(Phrase removed by moderator - see FAQs). I know of others who have seen him and they haven't past either. The things he said on his report were quite unbelieveable, which I know from what I have read is nothing new.
Not all the panels are sympathetic or decent as we found out yesterday.
Last edit: 12 years 9 months ago by . Reason: Phrase removed by mod.

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12 years 9 months ago #61961 by Derek4
Replied by Derek4 on topic Re:ESA & DLA appeal with friend
Hi kefkat

If your friend feels that the tribunal have made an error of law, such as accepting the medical report without question or placing the burden of proof on the appellant, she may wish to apply to the first-tier tribunal for a full Statement of Reasons for the decision.

She can then take the statement and appeal papers to a welfare rights worker to see if she has grounds to appeal to the Upper Tribunal. The deadline for applying is one calender month from the date on the decision notice.

Regards

Derek

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