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ESA how do lodge appeal

  • jthomp7
12 years 2 months ago #81545 by jthomp7
Replied by jthomp7 on topic Re:ESA how do lodge appeal
my daughter attended a medical for ESA (the first one was cancelled, we were in the waiting room for 20 mins and they had to tell us there wasnt a 'healthcare proffesional qualified to assess my daughter.)during the 'assessment' i made notes on everything that was disgussed and asked of my daughter, also ensuring I got the full name of the Atos employee.(this seemed to make her a bit tetchy)we returned home, and i straight away requested a copy of her medical assessment. The 26 page report duly arrived. my daughter was placed in the WRAG group. I appealed as she meets the criteria for the support group.Page by page, line by line, I addressed every innacuracy, contradiction and untruth in the report. i then, once again included information on all of my daughters medical conditions and how they impact her life. We have just recieved the news, she has been placed in the Support Group. I am now in the process of appealing for a higher rate of DLA for her. Good luck x

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11 years 9 months ago - 11 years 9 months ago #88376 by hendrix
Replied by hendrix on topic Re:ESA how do lodge appeal
Hello,

The jobcentre plus have looked at my appeal and decided not to change their original decision meaning my claim for ESA is going to tribunal. They sent me 80 pages of documentation starting with the secretary of states response, is this the bundle?

Do I have to keep sending in sick notes to the jobcentre plus now that the case has been handed over to tribunal?

If the tribunal rules against me will I be able to re-apply for ESA?

Will it help with the tribunal if I keep a diary of my current level of functioning or are they only interested in how I was when I applied?

Thank you very much for all your help.

Hendrix
Last edit: 11 years 9 months ago by Gordon.

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11 years 9 months ago #88383 by Gordon
Replied by Gordon on topic Re:ESA how do lodge appeal
Hendrix

Yes, you need to continue sending in Fit Notes otherwise you will not receive the ESA Assessment rate while you wait for a hearing.

In principle you should be able to re-apply for ESA if the Tribunal finds against you, however, if you are currently receiving Contribution Based ESA, then depending on the timescales, the 12 month limit may prevent you making a new claim for ESA(CB), so you may have to apply for Income Related ESA, providing you satisfy the means test.

Yes, it will definitely help your case to keep a daily diary on how your condition(s) effect you.

Gordon

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

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11 years 5 months ago #94498 by hendrix
Replied by hendrix on topic Re:ESA how do lodge appeal
The tribunal awarded me 15 points last month and allowed my appeal, they put me on the work related activity component. It's a huge relief and I'd like to thank everyone here at Benefits and Work who has helped me through this ordeal.

I still don't understand exactly how the tribunal decided to award me some descriptors and not others. Would it be ok to request a Statement of Reasons and the judges notes even though I am not intending to challenge the decision? Or would you advise against this seeing as my appeal has concluded successfully?

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11 years 5 months ago #94505 by slugsta
Replied by slugsta on topic Re:ESA how do lodge appeal
You are perfectly entitled to request a Statement of Reasons from th Tribunal service an there should be no problem with doing so

Tribunals – requesting a Statement of Reasons

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