A couple of questions.

Hi,

I have had a prognosis of "unlikely to return to work in the longer term" and "in excess of two years" and "Likely that that my functional ability will only deteriorate in the forseeable future" from the HCP who carried my assessment. I have commenced the appeal procdure and have started work on my submission/evidence.

My question is this: Having been given the above prognosis and will only remain on ESA CB until next April and I do not think I will qualify for ESA IR after that time due to a works pension, can I use the term disenfranchised in the submission paperwork ?. I ask this as I have read somewhere that it is frowned upon. I am of the opinion that as the HCP has said it will be at least two years before I can return to work and it seems as I will only be in receipt of this benefit for half of that time, but in her opinion still qualify for an additional year, can I use this word in the appeal, sorry not very well explained.

my second question is calling of witnesses to a tribunal, namely the HCP who carried the assessment, has this ever been tried and was it alowed by the tribunal ?

H

Hi sb75,

Just to add to Gordon's good advice.

If you feel that you should have been placed into the Support Group, where there is no 365 day limit, whilst you remain in it, you should concentrate on showing how you qualify for SG entry.

See :

Qualifying for the Support Group

bro58

Hi,

Bro 58 and Gordon, should have said but this issue does not form the main evidence of the appeal and I am concentrating on evidencing why I should be moved into support group from WRAG. I was just attempting to clarify some points I have been mulling over recently, thanks for your advice.

H