- Posts: 33
× Members
tribunal result as evidence?
- hells36
- Topic Author
- Offline
Less More
11 years 2 months ago - 11 years 2 months ago #98873 by hells36
tribunal result as evidence? was created by hells36
Hi everyone
I had an esa tribunal in June last year and was placed in support group as a result. I am in the process of filling out the new esa form that arrived in the post.
Just wondered can I send a copy of the tribunal result in as supporting evidence with this new form? Especially as the tribunal was only held 8 months ago. And due to the conditions I have (cerebral palsy and epilepsy) not much has changed.
On the tribunal result they awarded 15 points under descriptor 1a and 15 points on descriptor 10a.
They went with 1a. with a bit saying if we had not found descriptor 1a appropriate under schedule 3 regulation 35 would have applied due to the frequency and unpredictability of seizures.
I don't fully understand that bit but assume it is that they could of gone with either descriptor?
Due to the descriptors used there's not going to be much difference this time round.
Thank you so much for your help and for the new esa guides wouldn't of been able to do the form without it.
Helen
I had an esa tribunal in June last year and was placed in support group as a result. I am in the process of filling out the new esa form that arrived in the post.
Just wondered can I send a copy of the tribunal result in as supporting evidence with this new form? Especially as the tribunal was only held 8 months ago. And due to the conditions I have (cerebral palsy and epilepsy) not much has changed.
On the tribunal result they awarded 15 points under descriptor 1a and 15 points on descriptor 10a.
They went with 1a. with a bit saying if we had not found descriptor 1a appropriate under schedule 3 regulation 35 would have applied due to the frequency and unpredictability of seizures.
I don't fully understand that bit but assume it is that they could of gone with either descriptor?
Due to the descriptors used there's not going to be much difference this time round.
Thank you so much for your help and for the new esa guides wouldn't of been able to do the form without it.
Helen
Last edit: 11 years 2 months ago by Gordon.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51053
11 years 2 months ago #98883 by Gordon
Yes you can.
However, you say that the Tribunal was 8 months ago, it will have revised a Decision made some numberof months before, possibly as much as 12 months, so your Tribunal result could in effect be 20 months old, and therefore should not be relied on as your sole evidence.
Descriptors in Schedule 2 refer to the WRAG, some, such as 1a but not 10a, also correspond t with descriptors in Schedle 3, which is used for the Support Group.
I hope this explains it
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic tribunal result as evidence?
hells36 wrote: Hi everyone
I had an esa tribunal in June last year and was placed in support group as a result. I am in the process of filling out the new esa form that arrived in the post.
Just wondered can I send a copy of the tribunal result in as supporting evidence with this new form? Especially as the tribunal was only held 8 months ago. And due to the conditions I have (cerebral palsy and epilepsy) not much has changed.
On the tribunal result they awarded 15 points under descriptor 1a and 15 points on descriptor 10a.
They went with 1a. with a bit saying if we had not found descriptor 1a appropriate under schedule 3 regulation 35 would have applied due to the frequency and unpredictability of seizures.
I don't fully understand that bit but assume it is that they could of gone with either descriptor?
Due to the descriptors used there's not going to be much difference this time round.
Thank you so much for your help and for the new esa guides wouldn't of been able to do the form without it.
Helen
Yes you can.
However, you say that the Tribunal was 8 months ago, it will have revised a Decision made some numberof months before, possibly as much as 12 months, so your Tribunal result could in effect be 20 months old, and therefore should not be relied on as your sole evidence.
Descriptors in Schedule 2 refer to the WRAG, some, such as 1a but not 10a, also correspond t with descriptors in Schedle 3, which is used for the Support Group.
I hope this explains it
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.
- hells36
- Topic Author
- Offline
Less More
- Posts: 33
11 years 2 months ago #98886 by hells36
Replied by hells36 on topic tribunal result as evidence?
Thanks for that Gordon. The tribunal over ruled a decision made in November so it's been about 14/15 months since the last decision.
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris