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appealing esa decision from Spain

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11 years 1 day ago - 11 years 1 day ago #101602 by andyroo
appealing esa decision from Spain was created by andyroo
Hi, I am looking for help to put together my appeal against placement in WRAG. Obviously I am unable to attend the appeal because of financial reasons and travelling with my disabilities is extremely difficult. Given that can anyone guide me as to what kind of evidence I should secure and the fact that all doctors and specialists who are treating me here have very little if any command of English. If I secure evidence written in Spanish is it up to me to pay for official translations? I have one specialist who I may be able to get a written statement in English. I have read somewhere that any evidence must relate to the time I appealed and if it is from a later date (this week for example) it would not be allowed. Again any clarity would be really appreciated.
Thank you in anticipation.
Andrew
Last edit: 11 years 1 day ago by slugsta.

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11 years 1 day ago #101607 by slugsta
Replied by slugsta on topic appealing esa decision from Spain
Hi andyroo,

I can confirm that the tribunal can only look at things as they were at the time of the original decision. Therefore any evidence you provide must clearly relate to this time.

I will have to leave your other queries to one of the more experienced Mods.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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11 years 1 day ago #101619 by Gordon
Replied by Gordon on topic appealing esa decision from Spain

andyroo wrote: Hi, I am looking for help to put together my appeal against placement in WRAG. Obviously I am unable to attend the appeal because of financial reasons and travelling with my disabilities is extremely difficult. Given that can anyone guide me as to what kind of evidence I should secure and the fact that all doctors and specialists who are treating me here have very little if any command of English. If I secure evidence written in Spanish is it up to me to pay for official translations? I have one specialist who I may be able to get a written statement in English. I have read somewhere that any evidence must relate to the time I appealed and if it is from a later date (this week for example) it would not be allowed. Again any clarity would be really appreciated.
Thank you in anticipation.
Andrew


You can contact the Tribunal Service in regard to translating the reports, I think it unlikely that they will bear the costs, however, for the price of a phone call to the UK, I think it is worth checking.

In terms of evidence, you need to show that you meet one or more of the Support Group criteria, see

Qualifying for the Support Group

So any evidence needs to be supportive of this and the more specific to the criteria the better, so as an example; a report saying that you cannot walk 200m due to significant discomfort is better than one that says you have problems with walking, also, one stating that you cannot work, will be of little value, as you are already classed as being unable to do so as a result of being placed in the WRAG.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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  • Anthony
11 years 1 day ago #101628 by Anthony
Replied by Anthony on topic appealing esa decision from Spain
Hi Andyroo

I have just gone through a similar experience as I live abroad (Eastern Europe) and have recently submitted my appeal against being placed in the WRAG.

As regards to costs for translations.... I had to have the questionnaire and the doctors questionnaire translated from English to Russian so my doctor could complete the forms with a full understanding. As DWP didn't provide these forms in the Russian Language (at present they don't have any in Russian) the DWP refunded these translation costs to me £79 in total.

When the forms were completed and sent back to DWP (in Russian) they then sent them off for translation in the UK.

As part of my Appeal i have requested copies of all documents used to come to their decision including the translated doctors report so I can check for accuracy in translation.

I was advised that if I had forms translated from Russian to English over here I would have to bear the cost.

I would concur with Gordon that a phone call to the office dealing with your appeal is in order to establish that you are sending over copies of appeal, doctors reports etc in Spanish and that you would require a copy of the translated documents to check for inaccuracies in translation (if any).

Bottom line is if they send out English forms for a Spanish doctor to fill out they will pay for the document to be translated into Spanish. If you then want to translate what the doctor has said in Spanish back into English then you will have to bear the cost.

Hope this helps, and good luck

Anthony

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11 years 1 day ago #101633 by Gordon
Replied by Gordon on topic appealing esa decision from Spain
Anthony

Just to confirm, you are talking about the ESA50, your comments on it and the medical report produced as a result of it, which all fall under the purview of the DWP.

The OP is talking about reports in connection with an appeal being handled by the Tribunal Service.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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  • Anthony
11 years 1 day ago #101648 by Anthony
Replied by Anthony on topic appealing esa decision from Spain
Hi Gordon

Correct on both forms I mentioned, however as I understand it (correct me if I'm wrong) that prior to an Appeal an automatic reconsideration has to take place now which will be done by the DWP (International Pensions Center) as Andyroo is living in Spain.

If that is the case then the DWP will deal with the GL24 etc, reconsider and if the decision remains the same forward it to the Tribunal Service for action.

My point was that if he forwards documents in Spanish to the DWP as opposed to Tribunal then they will translate them at their expense as opposed to his. If he translates them himself from Spanish to English he will have to pay for the translation and also an interpreter if he uses one

If I'm incorrect I apologise for 'butting' in and stand corrected

Anthony

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