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ESA CLAIM turned DOWN

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7 years 5 months ago #173312 by Gordon
Replied by Gordon on topic ESA CLAIM turned DOWN
SandR

ESA assumes the use of aids whether they are actually used or not so your not.

Your reasons for appeal have to be related to your meeting the criteria for an award, you do not need to go into detail. The ESA MR & Appeal guide explains how to complete the SSCS1.

Gordon

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7 years 4 months ago #174435 by SandR
Replied by SandR on topic ESA CLAIM turned DOWN
Hello everybody

I have received the acknowledgement of my appeal form today-hurrah! I have an appt with JC+ tomorrow. I rang my work coach, this morning, and he advised me to keep my appt tomorrow and he will scan the letter and my latest fit note and send it across to the office dealing with my ESA claim. I have fit notes covering me from 21st July when my ESA claim was stopped My work coach scanned these fit notes as he allowed 13 weeks in which I did not need to attend JC+. Do I need to provide my local office with copies from 21st July or do they only need the latest fit note dated 9th November to reinstate the ESA assessment rate?

Do you have any idea how long I will wait to hear about an appeal date?

My local CAB isn't very helpful and I will probably need to deal with the appeal on my own.

I sent as much medical evidence as I could find in my medical records when I submitted my MR. My GP is adamant that the appeal panel will write to her for evidence and does not listen when I say that it is up to me to provide the evidence, so I am unlikely to have any further medical evidence to submit as part of my appeal. I will read through my ESA 50 and ESA85 and the bundle when it arrives and submit further examples of how my illness affects me on a day to day basis. Is there anything else I can submit that might be helpful?

Many thanks SandR

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7 years 4 months ago #174458 by Gordon
Replied by Gordon on topic ESA CLAIM turned DOWN
SandR

You should receive an acknowledgement to your appeal in about 7-10 days, a hearing will be at least a month away and more likely 2-3 months.

I am afraid your GP is very wrong, it is not the responsibility of the Tribunal panel to source evidence for the hearing any more than you would expect the Judge in a criminal case to be trying to find evidence for the defence. It is down to the two parties; the DWP who have now sourced all of the information that they are going to and yourself. Feel free to show them this post.

The things to really think about are how well you have met the ESA Descriptors, take them as is and look at how you can explain how you meet this criteria.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 4 months ago #174467 by SandR
Replied by SandR on topic ESA CLAIM turned DOWN
Hi Gordon

I was happily typing a reply when the whole thing disappeared. If it has turned up, my apologies for repeating myself!

Thank you for your quick reply.

I am surprised at how quick the hearing might be held. I thought that there might be a 6-12 month wait for the hearing, especially as the bundle from the DWP can take several weeks to arrive.

I shall certainly show your post to my GP. It may help get me some more written evidence from her.

I am so grateful for the advice and info provided by you and Mrs Hurtyback. The site is a godsend for those of us who have never been through this process before.

SandR
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7 years 2 months ago #179284 by SandR
Replied by SandR on topic ESA CLAIM turned DOWN
Good morning

I am currently going through the appeal process and I am waiting for a date for the appeal.

I had been returned to the assessment rate of ESA, from JSA, in November 2016. My last payment of ESA was 4th January. As my fit note expired 9th January and I received a new fit note for 2 months from my GP. I posted the fit note by first class post 13th January but have not received any payment, last payment being due 18th January. I realise that there may be a delay because they would not have received the fit note until the 16th. But if I do not receive a payment, do I contact the DWP Benefits number or the tribunal?

I have almost finished my submission. I had an MRI scan last week and have an appointment with my physio to discuss the report next week and will include a copy of this with the submission.. Do I then send the submission or wait until I receive a date for my appeal hearing?
Thank you SandR

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7 years 2 months ago #179333 by Gordon
Replied by Gordon on topic ESA CLAIM turned DOWN
SandR

You need to contact the DWP office dealing with your claim about the payments.

Yes you can include the MRI scan and report in your submission but the doctor must make it clear that their conclusions apply to the date of the Decision and how you were then, the Tribunal panel can only consider your conditions as they were at that time, any change since then is excluded.

Providing you are happy that you have finished your submission you can send it to the TS, it must be with them no later than seven days before your hearing.

Gordon

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