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Disallowed Appeal
- Jimmy
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12 years 6 months ago #70845 by Jimmy
Disallowed Appeal was created by Jimmy
Hi everyone, has my appeal hearing disallowed last Friday. Was just hoping for some advice as to the reasons given. Basically, I suffer from extreme anxiety, panic attacks and depression. This results in me rarely leaving my home and even in these cases, it is usually with my sister as I struggle to cope otherwize. My sister also assists me significantly with chores and finances and am often incapable of dealing with such matters. I am also prone to mishaps such as leaving the oven on, leaving the keys in my front doors, etc. The reasons given by the judge was that he was "unsure how much drugs and alcohol played a part in my problems". I have had these problems for many years but have increased drinking in recent years to deal with them. I accept this is an unhelpful way to deal with my problems but I have unfortunately fallen into this trap. My question is - does the presence of drugs and alcohol invalidate me from fulfiling the required descriptors to score sufficient points ? Is this an adequate reason to turn down the appeal? Having studied the Guides on here, I am convinced I should have scored at least 21 points, possibly more. Does the fact I drink to cope with my problems mean I don't qualify ? I understand many people believe I deserve nothing for making my problems worse and I can fully understand that, but my question is one of law/guidelines rather than the moral judgments. Any help would be hugely appreciated.
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- Gordon
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12 years 6 months ago - 12 years 6 months ago #70852 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Disallowed Appeal
Jimmy
I hope you will understand that we cannot give individual advice due the limitations of the of the forum. See here
If you can show that there has been an error of law or procedure, you can appeal to the Upper Tribunal, however, to do this you should seek advice from an aviser with experience in this area, your local CAB or Welfare Rights office should be able to help.
Whether you appeal or not, it would be worth you requesting a Statement of Reasons from the judge, this should explain how they came to their Decision. You need to submit your request in writing to the Tribunal Service within one month of the dare on the Tribunal Decision letter.
If it has been more than six months since the original Decision that you appealed, you can submit a new claim for ESA, this can run in parallel to any further appeal that you might make.
On the assumption that your original claim was made before April 2011, you should be aware that the ESA criteria have changed, our updated guides reflect the changes.
Gordon
I hope you will understand that we cannot give individual advice due the limitations of the of the forum. See here
If you can show that there has been an error of law or procedure, you can appeal to the Upper Tribunal, however, to do this you should seek advice from an aviser with experience in this area, your local CAB or Welfare Rights office should be able to help.
Whether you appeal or not, it would be worth you requesting a Statement of Reasons from the judge, this should explain how they came to their Decision. You need to submit your request in writing to the Tribunal Service within one month of the dare on the Tribunal Decision letter.
If it has been more than six months since the original Decision that you appealed, you can submit a new claim for ESA, this can run in parallel to any further appeal that you might make.
On the assumption that your original claim was made before April 2011, you should be aware that the ESA criteria have changed, our updated guides reflect the changes.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 6 months ago by Gordon.
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- Derek4
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12 years 6 months ago #70895 by Derek4
Replied by Derek4 on topic Re:Disallowed Appeal
Hi Jimmy
If you have a problem with alcohol abuse/dependency, this is a mental health condition in itself and you could potentially score points in the WCA as a result. Even if you don't have a drink problem, drinking to cope with depression and anxiety is self-medicating and just like any other medication you may receive from your GP, the effect it has on your ability to cope should be taken into consideration.
As Gordon said, it may be worth obtaining a statement of reasons and seeking face-to-face advice to see if you have any grounds of appeal to the Upper Tribunal.
Good luck
Derek
If you have a problem with alcohol abuse/dependency, this is a mental health condition in itself and you could potentially score points in the WCA as a result. Even if you don't have a drink problem, drinking to cope with depression and anxiety is self-medicating and just like any other medication you may receive from your GP, the effect it has on your ability to cope should be taken into consideration.
As Gordon said, it may be worth obtaining a statement of reasons and seeking face-to-face advice to see if you have any grounds of appeal to the Upper Tribunal.
Good luck
Derek
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