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TOPIC: Telephone call on day of tribunal...

Telephone call on day of tribunal... 10 months 3 weeks ago #88404

I'll try and keep this short...

I was on IB then received pack to apply for ESA. Filled it in and attended medical assessment.

I naively thought that my medical would be enough but I had a letter saying I didnt qualify. I appealed and asked my consultant for a medical report. I'm one of those people that outwardly "look fine" but my medical report includes CT scans which no-one can deny. I received my medical report months later - 6 days before the tribunal. I phoned the tribunal and they said to scan them and email them in. I did so. 6 days later on the morning of the tribunal I had a telephone call saying my appeal had been allowed. I've had a letter of decision saying I am in the support group.

The accompanying letter says that its basically up to the DWP now. Do I just wait to hear from them?

the other thing I'd like to know is, should I request a Statement of Reasons? The reason I ask is because I am also receiving DLA. When this changes over to PIP, would it be advantageous for me to have the Statement of Reasons from my ESA appeal?

Thank you in advance
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Re:Telephone call on day of tribunal... 10 months 3 weeks ago #88412

QL

Congratulations on the award.

It may be worth you contacting the DWP to confirm that they have received the Tribunal Decision, as this often takes a protracted time to get to the right department, if not, then you can fax them a copy.

With regard to requesting a SoR, you need to be aware that a copy will also be sent to the DWP. Requesting a SoR is a pre-requisite to appealing the Decision, in all liklihood the DWP will not do this however, you are presenting them with an opportunity to do so.

With regard to using the SoR for PIP, the transfer does not start for over a year, and even them it will be only a limited number of claimants effected, it may well be a two or more years before you are actually transferred, so you should think about how relevant the document would actually be by then.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:Telephone call on day of tribunal... 10 months 3 weeks ago #88423

Thanks Gordon

I didnt realise that only a limited number would be affected. I just thought they would be doing them all.

With the SoR, what I dont know is if they actually had my medical report in the tribunal or if they made the decision on the form I filled in and medical assessment. I'm assuming they had the medical report as well but I dont know.
Last Edit: 10 months 3 weeks ago by Hardyards.
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Re:Telephone call on day of tribunal... 10 months 3 weeks ago #88436

QL wrote:
Thanks Gordon

I didnt realise that only a limited number would be affected. I just thought they would be doing them all.
They are doing everybody of working age, however, the project will take 2-3 years to complete, you might be transferred at the beginning or at the end.
With the SoR, what I dont know is if they actually had my medical report in the tribunal or if they made the decision on the form I filled in and medical assessment. I'm assuming they had the medical report as well but I dont know.
If you had a medical, then the report should have been in the evidence pack that you received, and therefore would have been considered by the Tribunal Panal.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 10 months 3 weeks ago by Gordon.
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