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ESA Appeal help desperately needed

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12 years 2 weeks ago - 12 years 2 weeks ago #84623 by dancingboy1989
ESA Appeal help desperately needed was created by dancingboy1989
Hello,

I am new here and do apologise if posting in wrong section, I have read the FAQ but struggling with the terminology and hope someone could point me in the right direction.

Here it goes my mum is currently appealing the ESA decision to stop the benefit, we have just recieved the appeal documents stating to sign form and return within 14 days so can arrange tribunal but it states can have family/friends write letters? what kinda thing should I put into these? would doing this be benficial?

What else should we include to build a good solid case? we recently went to citzen advice but they was no help and not at all friendly, I am in desperate need of some help of what to do next.

any help greatly appreciated!!!

ps sorry if this thread is in wrong area
Last edit: 12 years 2 weeks ago by Gordon.

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12 years 2 weeks ago #84626 by slugsta
Replied by slugsta on topic Re:ESA Appeal help desperately needed
You should find lots of helpful info here. Please let us know if anything is still not clear.

ESA claims and appeals

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

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12 years 2 weeks ago #84627 by Gordon
Replied by Gordon on topic Re:ESA Appeal help desperately needed
DB

The form you received and submitting evidence to the Tribunal are seperate processes.

There are instructions in the ESA Appeals guide on how to complete the form, once this is done, you can submit evidence for the hearing up until about 2 weeks before the hearing.

The following FAQ explains how to prepare for a Tribunal, even though the guide refers to DLA, the things you need to consider are pretty much the same for ESA.

Preparing for a Tribunal

Your Mother's friends and family can write testimonials regarding her conditions and how they impact her daily life. For best results, they should be in context to the ESA descriptors, and the those writing them should explain how know this information.

Gordon

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12 years 2 weeks ago - 12 years 2 weeks ago #84636 by dancingboy1989
Replied by dancingboy1989 on topic Re:ESA Appeal help desperately needed
Ah thank you for your help only signed up yesterday so will print them off for reading tonight,

So there is no need for me to send the testimonials off with the form? Would the testimonials ESA descriptors be in this guide? Sorry I don't have clue what the ESA descriptors are :(
Last edit: 12 years 2 weeks ago by slugsta.

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12 years 2 weeks ago - 12 years 2 weeks ago #84640 by slugsta
Replied by slugsta on topic Re:ESA Appeal help desperately needed
You can send evidence, including testemonials, to the tribunal service up to a couple of weeks before the tribunal date. However, if they are ready it is worth sending them with the appeal form as it might be that a decision is made in your mother's favour at the reconsideration stage.

The descriptors are in the guides. Try to make sure that the testemonials relate to the descriptors as that will give the best chance of a favourable decision.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 2 weeks ago by slugsta. Reason: typo's

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12 years 2 weeks ago #84647 by Gordon
Replied by Gordon on topic Re:ESA Appeal help desperately needed
Mrs H

The OP's mother has already gone past the Reconsideration stage, the form referred to is from the Tribunal Service asking the claimant to confirm that they wish to proceed to appeal.

Hope this explains it.

Gordon

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