Going ahead with tribunal or waiting for new form?

Bud wrote: Hi Grace
Do not waste your energy trying to explain what the ATOS HCP said, let the Tribunal decide if the if the ATOS HCP is a clown or not.
Try to concentrate on how to meet the criteria for the support group, remember for the majority of the time, reliably, repeatedly and safely. use these words in your submission
I decided to concentate on the DM`s response and pointed the Tribunal to my evidence that challenged everything he was quoting.

Fair and valid comments B,

Far to many people get bogged down in pointing out errors in a medical report, this can help, but will not win your appeal alone.

The important issue is to provide compelling written and/or verbal evidence as to how and why you qualify for The SG, with respect to the qualifying descriptors.

bro58

Bud, I had seen those words in the guides but you putting them all together like that was so helpful - thanks so much!!!

My document went off Friday, and then I crashed. So I now have to wait for 2 appeal hearing dates, although I'm really hoping my DLA will be successful on reconsideration since the first DM took 10 days!

Does anyone have any knowledge, or experience, of the panel changing the reassessment period when they rule on the ESA group? I'm wondering, when they understand the fuller context, if they'll also make my reassessment period longer meaning I won't be sent my new ESA50 next month? But of course that's only if my hearing date is before they send it next month.

As you say Grace, it is unlikely that your appeal will be heard before the date for your reassessment. Even if it is, the tribunal can only 'recommend' the reassessment date, DWP are free to ignore this and, in practice, often do so

Thank you for your reply, Mrs H. I'm surprised to read that: so the TS has the authority to rule on the group but not the reassessment period...huh!

grace wrote: Thank you for your reply, Mrs H. I'm surprised to read that: so the TS has the authority to rule on the group but not the reassessment period...huh!

Hi G,

That is because, unlike a fixed term DLA award, where the length of the award legally forms part of said award, and can be appealed.

The recommended length of an ESA award (The Prognosis) is just that, a recommendation, and is not part of the award legally.

bro58

I sent off my ESA appeal grounds/further evidence on the 19th July which the TS would’ve received about the 22nd. I have the most amazing news: last Wednesday a large sum of money appeared in my bank account listed as ESA, but because I wasn’t expecting that much I thought it was an error by the DWP. Thursday, 1st August I received a letter from the DWP (from my BDC), dated the 26th July, stating that I had been moved to the SG and listing the breakdown of new amounts. I cried with relief and joy. This meant they made their decision in about 4 days. I haven’t received an explanation from the TS or the DWP as to what has happened, why I no longer have to attend an oral hearing. In my Covering Letter I wrote the following, “I opted for an oral hearing because I was advised that my chances of success are higher, but I am too ill to accurately represent myself, nor have I been able to find a representative. My intention in attending the oral hearing is for the panel to see how ill I am. I realise that I have provided a lot more information for the panel to read but there’s no way I would be able to remember or express this information in person. I respectfully request that all my documents are read by the panel before the hearing. Please see … for a fuller explanation of how I’ve managed to compile this document: doing it has felt like climbing Mount Everest; because I’ve had to push my body/brain to do it in slightly better moments, I’ve regularly crashed so there’ve been many days where I’ve been unable to do anything.“ I’m wondering if the panel decided to turn my appeal into a paper hearing and then made the favourable decision? A couple of times when I wrote to the TS explaining my delay in sending my docs, they sent photocopies back which included letters from ESA Appeals in Lowestoft, ie the TS had been showing them my additional docs. So I’m wondering if Lowestoft received copies of my 19th July docs and changed the decision?

Here are my questions:
1) Since I don’t have an official Decision or Decision Notice, should I request a Full Written Decision from the TS, ESA Appeals Lowestoft and my BDC? What specifically should I ask for (what words)? Will it include the new prognosis so that I can reduce my stress by knowing for definite when I will be reassessed? They know my current state of ill-health so there really is no excuse for reassessing me this month!!!

2) The TS ‘lost’ one of my pages (one of the panel must have it or possibly Lowestoft if copies were also made for them). Is it important for the purpose of an accurate record (so it’s noted as ‘on file’) to resend it? Don’t the DWP and/or TS shred our docs after a year or so?

3) The unexpected amount was called a Disability Income Guarantee. I’ve googled this but am not clear on it: is it related to DLA? So receiving this means I have been awarded DLA? I’ve been hearing more and more that ESA and DLA talk and depend their decisions on each other’s. My DLA appeal docs were sent 14th June, received 19th but I’ve yet to hear their decision. I’m really hoping my ESA success means I’ve been awarded DLA and also won’t have to attend a hearing!

I am incredibly grateful to B&W for your excellent guides and individual forum help!!! My successful ESA appeal is due to you.