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esa appeal help wanted
- bonniedog
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6 years 11 months ago #189214 by bonniedog
Replied by bonniedog on topic esa appeal help wanted
just a quick update and thank you to all involved with this website
well i had my tribunal last thursday ,a paper one as my dr advised me against attending as he admitted me to hospital as a medical emergency early in may with bp of 218 over 140 ,i had 24 heart monitor test and sonograms ,he increased my medication by 2 new drugs and doubled the dose of 1 i had previously been taking ,
anyway long story short they allowed my appeal on the grounds of reg 35 of 2008 malignant hypertension and that iam significantly restricted in particular risk from a stroke ,any wra would be a substantial risk to further increase in blood pressure and risking a stroke or heart attack .the tribunal placed particular reliance on the medical evidence
so grateful to you all here for the help and encouragement ,i seriously considered jacking it all in at more than one point ,but reading through the forum gave me the will to carry on ,and the super helpful guides are worth there weight in gold
i also had a lot of help from my local citizens advise ,and they trimmed the fat of my appeal and presented it in a short concise manner ,more conducive to a success than my long winded ramblings ,of which your suffering from now lol
on a related note i have a pip claim on the go ,would the result of the tribunal be of any help with this and which if any of the esa evidence would you recommend would be helpful to my claim
again thanks a million for all your help and support
cheers chris
well i had my tribunal last thursday ,a paper one as my dr advised me against attending as he admitted me to hospital as a medical emergency early in may with bp of 218 over 140 ,i had 24 heart monitor test and sonograms ,he increased my medication by 2 new drugs and doubled the dose of 1 i had previously been taking ,
anyway long story short they allowed my appeal on the grounds of reg 35 of 2008 malignant hypertension and that iam significantly restricted in particular risk from a stroke ,any wra would be a substantial risk to further increase in blood pressure and risking a stroke or heart attack .the tribunal placed particular reliance on the medical evidence
so grateful to you all here for the help and encouragement ,i seriously considered jacking it all in at more than one point ,but reading through the forum gave me the will to carry on ,and the super helpful guides are worth there weight in gold
i also had a lot of help from my local citizens advise ,and they trimmed the fat of my appeal and presented it in a short concise manner ,more conducive to a success than my long winded ramblings ,of which your suffering from now lol
on a related note i have a pip claim on the go ,would the result of the tribunal be of any help with this and which if any of the esa evidence would you recommend would be helpful to my claim
again thanks a million for all your help and support
cheers chris
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- Gordon
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6 years 11 months ago #189242 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic esa appeal help wanted
bonniedog
Congratulations on the award, well done.
As to using the result for your PIP claim. There's no harm in your doing so, but I would not expect it to have much effect.
ESA considers a work related risk to the claimant under the heading of Regulations 29 and 25, PIP has no equivalent to this although a recent UTT Decision does extend the risk that must be considered, but it is still based around the various PIP activities.
So you must talk about the risk to you when Preparing Food or Washing and Bathing, etc., which of course are not activities that ESA considers.
Gordon
Congratulations on the award, well done.
As to using the result for your PIP claim. There's no harm in your doing so, but I would not expect it to have much effect.
ESA considers a work related risk to the claimant under the heading of Regulations 29 and 25, PIP has no equivalent to this although a recent UTT Decision does extend the risk that must be considered, but it is still based around the various PIP activities.
So you must talk about the risk to you when Preparing Food or Washing and Bathing, etc., which of course are not activities that ESA considers.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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