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esa appeal

  • geoff
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11 years 9 months ago - 11 years 9 months ago #88893 by geoff
esa appeal was created by geoff
Hi new to this so hope you can help

Father in law just notified that after 365 days being reduced benefit as on WRAG .
Appealed as although initially on ESA because of mobility ,he has had serious mental-depressive issues(which were diagnosed in initial ESA medical).
Applied as his representative that he should be on the support group ESA because of his personal action ie severe mood disorder ,inability to cope with change and difficulty to relate to others,etc -i also supplied letters from both his doctor and counsellor,both supporting this view.
Just been informed that turned down as "i disagree with both the healthcare professional and the original decision makers choice of descriptors" , Advised that the tribunal service will be in touch shortly.

2 Questions

1 Can i attend tribunal as father in laws representative without him present as he is terrified almost panic stricken about attending - however it is awful that he has been turned down and his wife and family feel it would be wrong not to fight this.
2 Even though original ESA claim and medical report stated his depression (which is now much worse) the report says he is on ESA primarily because of knee condition-how will this affect tribunal hearing?
Last edit: 11 years 9 months ago by Gordon.

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11 years 9 months ago #88895 by Gordon
Replied by Gordon on topic Re:esa appeal
Geoff

1. Yes you can. You need to make it clear that you are acting as his representative (small r) and not a Representative (big R), as in the case of the latter, the Tribunal may make assumptions regarding your role, that you would not be able to fulfill.

There will be an expectation by the panel that your FIL will attend, so it may help your case to provide additional evidence as to why this is the case. I have to tell you that his not appearing may hinder his case.

You can request a domiciliary hearing, but these are extremely rare, again you will need to provide medical evidence to support this.

2. In principle this should not be a problem, however, Tribunals have brief to only consider your FIL's condition as it was at the time that the Decision he appealed was made.

As this was mentioned on the ESA50 (I assume from your post), you should be able to reference it in the evidence, however, the panel will not consider any deterioration since the Decision and you should make sure that all medical reports, as relevant, make it clear that they are considering his condition as it was at the time of the Decision and not just after.

I hope the above makes sense :)

Gordon

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  • geoff
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11 years 9 months ago - 11 years 9 months ago #88897 by geoff
Replied by geoff on topic Re:esa appeal
Thanks Gordon ,original ESA50 states amongst other things "mobility issues,plus insecurity feelings mean i cannot even contemplate organising or planning anything ,i would be lost without my wife" and "dont like people around me ,dont feel comfortable even with friends and family .....if i am in that situation it takes me days to get over it . ...i am not comfortable with change of any sort... because of my insecurities i feel i may appear rude when because of fear i am withdrawn"
The ESA medical report states"diagnosed with depression Dec 2010,having counselling-symptoms include -feeling anxious eg going to new places ,does not feel like going out ,the majority of days are bad and have in past had thoughts of suicide "though assesment summary included the following_-"a history of depression was reported ,he sees his GP For medication and takes an antidepressant medication and is on course of counselling -today with wife present mental state was normal and no obvious signs of anxiety,he can read newspapers and use a phone and spend time with grandchildren-significant disability due to mental health function is unlikely"
In GL 24 on 18/06 we stated that in essence "shirley(his wife) is almost his full time carer due to his mood disorders inability to cope with change or get to places or relate to others .
This has been turned down.

I appreciate the fact my FIL should if possible attend ,if he cannot ,i am more than capable of speaking on his behalf or providing a written submisssion if this proves worthwhile , both his GP and Counsellor support our case .

The benefit people ,have phoned on two occasions to his wife ,suggesting appeal is withdrawn and pension credit applied for!!!
Last edit: 11 years 9 months ago by Gordon.

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11 years 9 months ago #88898 by Gordon
Replied by Gordon on topic Re:esa appeal
Geoff

With regard the Pension Credit, if they haven't already done so, they should speak to a trained advisor, at their local CAB or Welfare Rights office, so they they can make an informed decision as to what is best for them.

Gordon

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  • geoff
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11 years 9 months ago #88930 by geoff
Replied by geoff on topic Re:esa appeal
Have arranged appointment at CAB -can they apply for pension credit while appealing? With regard to appeal had tribunal letter today for appeal -FIL now terrified and asking his Drs advice on whether in his opinion if he should attend and if not could he write a letter stating this . Still undecided whether to give written statement instead of attending appeal without FIl ,though MIL ,who is basically his carer wants to go along and is prepared to give evidence !! If we went down the written statement route and lost again ,is that it or can you then go upper tribunal?

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11 years 9 months ago #88932 by Gordon
Replied by Gordon on topic Re:esa appeal
Geoff

Yes, they can apply for Pension Credits while appealing, CAB should be able to explain more about this.

Whether he has an Oral hearing or a Paper one, he can only appeal to the Upper Tribunal if there has been an Error of Law in the proceedings, not because the Tribunal have not found in his favour.

Gordon

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