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Judge unhappy with evidence. New medical ordered.
- Confused
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10 years 10 months ago - 10 years 10 months ago #105388 by Confused
Judge unhappy with evidence. New medical ordered. was created by Confused
I have an appeal waiting since September last year for changing from IB to ESA - only 6 points awarded. I was told by citizens advice that I should be having DLA so applied for that, and was turned down because of the ESA assessment in October last year.
I've been told that both the appeals are waiting a date for a Tribunal and was informed a couple of weeks ago that the DLA one would take place today at 2.20pm.
However, at 10am today I got a phone call from the Court, telling me that the judge was unhappy with the evidence and wanted a doctor to call to do a new medical assessment. They're now going to write to me and let me know when a doctor will call.
There were quite a few things at the assessment for ESA that I complained about but I'm not unsure about what this means. Will I need a new medical assessment for the ESA or is this nothing to do with that?
I've been told that both the appeals are waiting a date for a Tribunal and was informed a couple of weeks ago that the DLA one would take place today at 2.20pm.
However, at 10am today I got a phone call from the Court, telling me that the judge was unhappy with the evidence and wanted a doctor to call to do a new medical assessment. They're now going to write to me and let me know when a doctor will call.
There were quite a few things at the assessment for ESA that I complained about but I'm not unsure about what this means. Will I need a new medical assessment for the ESA or is this nothing to do with that?
Last edit: 10 years 10 months ago by Gordon.
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10 years 10 months ago #105395 by Gordon
Although frustrating, this is quite normal.
Whilst the DWP are entitled to make a DLA Decision based on an ESA medical report, they need to show that it is relevant to DLA, they often do not, also the Judge may well be aware that you are challenging the ESA Decision as well, as a result, they have decided that a medical assessment specifically for the purposes of DLA is required.
You should shortly be notified about the medical, you are entitled to 7 days written notification, once it is held you will receive a copy of the report which you can again comment on and a new hearing will be convened.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Judge unhappy with evidence. New medical ordered.
Confused wrote: I have an appeal waiting since September last year for changing from IB to ESA - only 6 points awarded. I was told by citizens advice that I should be having DLA so applied for that, and was turned down because of the ESA assessment in October last year.
I've been told that both the appeals are waiting a date for a Tribunal and was informed a couple of weeks ago that the DLA one would take place today at 2.20pm.
However, at 10am today I got a phone call from the Court, telling me that the judge was unhappy with the evidence and wanted a doctor to call to do a new medical assessment. They're now going to write to me and let me know when a doctor will call.
There were quite a few things at the assessment for ESA that I complained about but I'm not unsure about what this means. Will I need a new medical assessment for the ESA or is this nothing to do with that?
Although frustrating, this is quite normal.
Whilst the DWP are entitled to make a DLA Decision based on an ESA medical report, they need to show that it is relevant to DLA, they often do not, also the Judge may well be aware that you are challenging the ESA Decision as well, as a result, they have decided that a medical assessment specifically for the purposes of DLA is required.
You should shortly be notified about the medical, you are entitled to 7 days written notification, once it is held you will receive a copy of the report which you can again comment on and a new hearing will be convened.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Confused
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10 years 10 months ago #105399 by Confused
Replied by Confused on topic Judge unhappy with evidence. New medical ordered.
Thank you. I know it's going to be a long time until I hear about the ESA because I've been told that there are hundreds of appeals waiting in my area.
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