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Supportive + GP's letter after MR request sent .

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7 years 10 months ago #160493 by Gordon

Roidininki wrote: I read a reply by Mrs Hurtyback to a member now wanting to attend an appeal advising if the member was hoping to gain points by referring to going out and social interaction descriptors it might be better NOT to attend an appeal.
Welfare Rights advisor willing to act as representative here for appeal has said GP's letter stating she had a fear her patient being forced to return to work would have a negative effect on him , would that be taken as implying" risk to health " as ESA Reg 29 states ... due to mental disablement?
Could that be sufficient, together with the fact claimant has already been on ESA in Support Group for 3 years and filled in the current ESA 50 form with answers to the M C and I section, which should have gained points but didn't gain any, to impress the appeal judges without the claimant attending in person ?


You have nothing to lose by doing this :)

A couple of points;

- Reg.29 only applies to the WRAG

- The GP must show that there is a "substantial risk" and that risk must not be mitigated by any reasonable adjustments that an employer might make or the taking of a prescribed medication.

The guide explains this in more detail.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 10 months ago #160831 by Roidininki
Replied by Roidininki on topic Supportive + GP's letter after MR request sent .
So now have acknowledgement of the appeal letter and information on what will happen next .

What is meant by preparing a case. ?
Is that something I should be doing apart from having told them briefly in the SSC1 form why I was appealing ?

The main reason I am appealing is because the assessor, a nurse, did not take into consideration the severity of the mental disablement I suffer from , paranoid schizophrenia / paranoid states as described in my GP's letter which could lead me and others to be at risk in a workplace environment and the ongoing psychological distress caused by coping with it on a day to day basis, nor could she give a professional opinion on a psychiatric illness not being an expert on that .

Can I still send a letter to the appeal challenging that I ticked the Mental Cognitive and Intellectual boxes differently in the ESA50 form which would, had they been taken into consideration, gained me points , to what he put in his report on me which gave me 0 ? .

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7 years 10 months ago #160834 by Gordon
Roidininki

Now that your appeal has been submitted the DWP will prepare their submission (case) to the Tribunal Service, you will receive a copy.

You need to prepare your own submission explaining why you meet the criteria for an award, don't wait for the DWP one to be sent, but don't send yours until you have received the DWP one and have read it and you are sure that you have addressed all of the points that it raises.

If you expected to score points in the Mental Health section then you should certainly raise this, just make sure that you fully understand the criteria against which you are being assessed, many of the Descriptors have very specific requirements and often multiple elements, all of which must be met in order to score points.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Roidininki

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7 years 10 months ago #160835 by Roidininki
Replied by Roidininki on topic Supportive + GP's letter after MR request sent .
Not sure I understand how you've put this Gordon . You said
"don't wait for the DWP one to be sent, but don't send yours until you have received the DWP one and have read it and you are sure that you have addressed all of the points that it raises"
You say" don't wait for the DWP one to be sent"
then " don't send yours until you've received and read the DWP one "
Sorry that seems to be a contradiction .

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7 years 10 months ago #160836 by Gordon

Roidininki wrote: Not sure I understand how you've put this Gordon . You said
"don't wait for the DWP one to be sent, but don't send yours until you have received the DWP one and have read it and you are sure that you have addressed all of the points that it raises"
You say" don't wait for the DWP one to be sent"
then " don't send yours until you've received and read the DWP one "
Sorry that seems to be a contradiction .


Don't wait for the DWP submission to be sent to start work on your own submission, but wait until you have read their submission before you send your to the TS.

Gordon

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

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7 years 10 months ago #160840 by Roidininki
Replied by Roidininki on topic Supportive + GP's letter after MR request sent .
Thankyou again . Is their reply what's often referred to as" the bundle"?
When I've completed my submission at what point do I send it to the court ?

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