ESA

cde11 wrote:

Thanks for advice I have sent my form back along with my medical report that I had for my dla tribunal even though dwp said they are nothing to do with each other, but the medical I had for esa was in my dla tribunal!

Case Law has established that it is acceptable for a report for one benefit to be used for another one, providing it is relevant.

The ESA tests are usually more strict than those for DLA, especially in regard to mobility, so it can make sense for the DWP or a claimant to use an ESA report in regard to a DLA claim, however, the case is less compelling for a DLA report in the context of ESA, so I would not rely on this report to prove your case.

Gordon

cde11 wrote:

i rang the lady at the appeal office today my papers are going to be sent off for tribunal i asked for a paper one as i can't go through another, do you know if you have to wait longer for a paper tribunal she also said i can apply for a suppersession what does this mean ??

Paper Appeals are usually heard a lot sooner than an Oral hearing, as they are used to fill gaps in the courts schedule. You need to make sure all of your evidence is with the Tribunal Service as you will receive no notification of the hearing, just the result.

A SuperSession is completely different from an appeal as it results in a new Decision rather than the original Decision being re-made. They are usually requested by a claimant because their condition has changed an they believe they would now qualify for a different level of award due to those changes.

I hope this explains it

Gordon