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ESA help needed - support group?
- Stephen Barkley
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10 years 2 days ago #120227 by Stephen Barkley
Replied by Stephen Barkley on topic ESA help needed - support group?
Hi,
As much as I want to give myself every chance of success, I simply wouldn't be able to cope with attending a tribunal in person so I've got no choice but to let them make a decision in my absence.
I've just sent off a written submission to them arguing my case and why I think I should be placed in the support group. To be honest I'm not feeling too optimistic of my chances but at least I know I've given myself a fighting chance thanks to this site.
A big thank you to everyone on here for all the help and advice - keep up the good work.
Steve.
As much as I want to give myself every chance of success, I simply wouldn't be able to cope with attending a tribunal in person so I've got no choice but to let them make a decision in my absence.
I've just sent off a written submission to them arguing my case and why I think I should be placed in the support group. To be honest I'm not feeling too optimistic of my chances but at least I know I've given myself a fighting chance thanks to this site.
A big thank you to everyone on here for all the help and advice - keep up the good work.
Steve.
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- Stephen Barkley
- Topic Author
9 years 11 months ago #121454 by Stephen Barkley
Replied by Stephen Barkley on topic ESA help needed - support group?
Hi,
Just a brief update.
Received a letter this morning saying my hearing was adjourned as they were unable to reach a decision.
They've asked me to contact them to let them know if I would be able to attend an oral hearing to explain the problems I have in person. They also want to access my medical records from 1/1/2011 to date (not sure why this timescale as I've had medical problems since 2002.)
As previously explained on here, I honestly don't think I could cope with a personal hearing but if its the only way then should I try and go?
Does anyone know if this is standard procedure for a paper hearing or if I've been sent this because they are genuinely undecided on my appeal?
As always, any advice would be most welcome.
Thanks
Steve.
Just a brief update.
Received a letter this morning saying my hearing was adjourned as they were unable to reach a decision.
They've asked me to contact them to let them know if I would be able to attend an oral hearing to explain the problems I have in person. They also want to access my medical records from 1/1/2011 to date (not sure why this timescale as I've had medical problems since 2002.)
As previously explained on here, I honestly don't think I could cope with a personal hearing but if its the only way then should I try and go?
Does anyone know if this is standard procedure for a paper hearing or if I've been sent this because they are genuinely undecided on my appeal?
As always, any advice would be most welcome.
Thanks
Steve.
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- Gordon
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9 years 11 months ago - 9 years 11 months ago #121457 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA help needed - support group?
Steve
The Tribunal panel have to ensure, wherever possible, that you receive a fair hearing, in this case they are saying that the evidence you have presented does not result in a Decision clearly in your favour, but that there are sufficient unanswered questions that they also unable to decide against you.
It is possible that information in your medical records will fill in the blanks for them, but you are more likely to be successful if you attend, however, in making a decision whether to or not to go, you need to consider what your attending says about your limitations, so if you do attend expect to be asked how you have done so, both physically and mentally.
Gordon
The Tribunal panel have to ensure, wherever possible, that you receive a fair hearing, in this case they are saying that the evidence you have presented does not result in a Decision clearly in your favour, but that there are sufficient unanswered questions that they also unable to decide against you.
It is possible that information in your medical records will fill in the blanks for them, but you are more likely to be successful if you attend, however, in making a decision whether to or not to go, you need to consider what your attending says about your limitations, so if you do attend expect to be asked how you have done so, both physically and mentally.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 9 years 11 months ago by Gordon.
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- Stephen Barkley
- Topic Author
9 years 10 months ago #121750 by Stephen Barkley
Replied by Stephen Barkley on topic ESA help needed - support group?
Hi,
Sent back the medical consent form yesterday. Also phoned them to explain that I would not be able to attend a personal hearing. Got through to a very abrupt person who started throwing questions at me as to why I wouldn't be going - managed to keep my cool and tell them that my reasons were laid out in my appeal submission.
I've also sent a letter stating that as most of my surgery, treatments etc. predates 2011, they should be accessing my medical records back further than 2011 - is there a reason why they've only gone back to this date and would they be obliged to go back further to obtain a true picture of my health problems? Can they make a decision purely based on the last few years?
Thanks
Steve.
Sent back the medical consent form yesterday. Also phoned them to explain that I would not be able to attend a personal hearing. Got through to a very abrupt person who started throwing questions at me as to why I wouldn't be going - managed to keep my cool and tell them that my reasons were laid out in my appeal submission.
I've also sent a letter stating that as most of my surgery, treatments etc. predates 2011, they should be accessing my medical records back further than 2011 - is there a reason why they've only gone back to this date and would they be obliged to go back further to obtain a true picture of my health problems? Can they make a decision purely based on the last few years?
Thanks
Steve.
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- Gordon
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9 years 10 months ago #121752 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA help needed - support group?
Steve
I can only offer guesses.
There will undoubtedly issues of manageability, you are asking them look at three or four times the information, also, the Tribunal is looking at your health as it was at the time of the Decision you appealed, whilst this may be the result of problems that date back many years previous to this, they may believe that they already have sufficient information in regard to this time period, from your own submissions.
Gordon
I can only offer guesses.
There will undoubtedly issues of manageability, you are asking them look at three or four times the information, also, the Tribunal is looking at your health as it was at the time of the Decision you appealed, whilst this may be the result of problems that date back many years previous to this, they may believe that they already have sufficient information in regard to this time period, from your own submissions.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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