× Members

collecting evidence for appeal

  • buntiehare
  • Topic Author
11 years 9 months ago - 11 years 9 months ago #88572 by buntiehare
collecting evidence for appeal was created by buntiehare
hi would i be able to ask my friend who is a nurse at the local hospital, would my freinds and family be able to put letters together to support my claim if not could you advice me anyone as i need some help i think.
kind regards
Last edit: 11 years 9 months ago by Gordon.

Please Log in or Create an account to join the conversation.

More
11 years 9 months ago #88576 by Gordon
Replied by Gordon on topic Re:collecting evidence for appeal
BH

Yes they can.

They need to explain their relationship to you and how often they see you, then they need to explain how they understand your condition(s) effect you on a day to day basis, if they can do this in context to the ESA descriptors you believe you meet, all the better, although they shouldn't quote them verbatim as this will sound like you have told them what to say.

Gordon

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

Please Log in or Create an account to join the conversation.

More
11 years 9 months ago - 11 years 9 months ago #88578 by chrissy v
Replied by chrissy v on topic Re:collecting evidence for appeal
That reply Gordon is also helpful to me as i have a family member who is a solicitor and she can,t remember a time when i have,nt been in pain and had mobility problems also the problems with my hands. thanks Gordon.

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

Please Log in or Create an account to join the conversation.

  • buntiehare
  • Topic Author
11 years 9 months ago - 11 years 9 months ago #88588 by buntiehare
Replied by buntiehare on topic Re:collecting evidence for appeal
thank you gordan for that could i also ask would my last points score sheet from my last ib medical be any good sending to my appeal
kind regards
Last edit: 11 years 9 months ago by slugsta.

Please Log in or Create an account to join the conversation.

More
11 years 9 months ago - 11 years 9 months ago #88589 by Crazydiamond
Replied by Crazydiamond on topic Re:collecting evidence for appeal
No, for two reasons.

Firstly, Incapacity Benefit and ESA are two completely different benefits with different qualifying conditions, and secondly, the circumstances obtaining at the time the work capability assessment was carried out are pertinent, and not those from a previous IB personal capability assessment which although they may have been similar or even identical, are not relevant to future WCA assessments for the purposes of ESA entitlement.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 9 months ago by Crazydiamond.

Please Log in or Create an account to join the conversation.

More
11 years 9 months ago #88590 by Gordon
Replied by Gordon on topic Re:collecting evidence for appeal
buntiehare wrote:

thank you gordan for that could i also ask would my last points score sheet from my last ib medical be any good sending to my appeal
kind regards

You can but I think it will be of limited value; first the DWP may already be using information as part of their Decision process for your ESA transfer, and if they are not, it will be because they have already decided it is not relevant.

Secondly, very few of the IB descriptors, if any, correspond to the ESA descriptors, so for example, IB tests your ability to walk, whereas ESA tests your ability to mobilse and over much shorter distances.

The ESA descriptors are explained in more depth in ESA Claim guides.

www.benefitsandwork.co.uk/help-for-claimants/esa

Gordon

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

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.