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ESA appeal 'bundle' from DWP
- lindat
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On this I added 2 more reasons for my appeal on top of what was sent with the gl24.
They do not address these at all so they are acting as if they did not recieve them. should I contact them? or just add that info to the rest I have to send to the tribunal? thanks in advance
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- Gordon
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Everything you send to the Tribuinal Service will be copied to the DWP.
You might want to include a covering letter explaining that the letters are absent, when they were sent, that you have had no reply, and that they do not appear to have been considered by the Decision Maker.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- bro58
two letters sent by me are not in the bundle. one of these is my response to the DMs reasons and the ESA85a which I didn't recieve untill after I'd sent the gl24.
On this I added 2 more reasons for my appeal on top of what was sent with the gl24.
They do not address these at all so they are acting as if they did not recieve them. should I contact them? or just add that info to the rest I have to send to the tribunal? thanks in advance
Hi LT,
If there are any documents missing from the bundle that you feel are relevant, It would be advisable to send copies to the Tribunal, and the DWP, with relevant comments, as in, you wish them to be considered as evidence in your appeal.
As always, keep copy, and post by recorded delivery.
See :
Adding pages to your submission
bro58
MOD EDIT : see Gordon's comments also.
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- lindat
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the reconsideration done was a farce... they clearly didn't read my ESA50 as quote me as writing, or rather not writing something that is clear to see in black and white on the ESA50 'sigh'
on the other point, mobilising, I stupidly put 'walk' instead of mobilise... but did go on to say several times that I could not self propel and why... but they say I can
I did find staggering that the reponse to my request on the ESA50, repeated in my appeal form that they get my medical records was that 'specialists and GPs opinion that a person remains incapable of work related activity is not relevant to the determination of ESA with regard to the ability to undertake work related activity.' end of quote
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- Gordon
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The DWP take the position that Consultants and GPs are not trained in "disability assessment" and therefore are totally incapable of rendering an opinion in this area.I did find staggering that the reponse to my request on the ESA50, repeated in my appeal form that they get my medical records was that 'specialists and GPs opinion that a person remains incapable of work related activity is not relevant to the determination of ESA with regard to the ability to undertake work related activity.' end of quote
Unfortunately, Consultants and GPs do not help the situation by discussing patients conditions in general terms, if only they would reference the ESA descriptors more frequently (or at all), the DWPs position might be undermined.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- lindat
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- Posts: 202
I send everything recorded and have copy of electronic signature for both letters... but as I now know this just means its been signed for by a royal mail employee in the department that opens all our ESA and DLA mail are they really of any use? clearly they never got to a DM.
[benefit of the doubt ]
oh well and so it goes on
thanks again Gordon, you guys rock
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