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ESA medical assessment Fail....
- SuziQ
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8 years 10 months ago #135846 by SuziQ
Replied by SuziQ on topic ESA medical assessment Fail....
Hi Gordon ( moderators )
I requested my MR on 27/5 ( also asked for copy of esa85 as advised here )
I received a written reply on 6/6 - basically no change in decision ... which I expected. ( although somewhat quicker than anticipated ) I have read a lot of your info on here & have downloaded my appeal pack.
I am carefully completing my appeal ..
When I send this to HMCTS, do they acknowledge receipt in writing?
Is that when I can ask to go back on ESA at the lower rate until the tribunal?
A note for other readers... my Housing benefit office were indeed most impressed being contacted by me first.... ( before DWP ) the lady I spoke with referred to This Site, for " excellent " reference purposes ....
Thanks as a always ( feeling a lot less stressed about this ... )
I requested my MR on 27/5 ( also asked for copy of esa85 as advised here )
I received a written reply on 6/6 - basically no change in decision ... which I expected. ( although somewhat quicker than anticipated ) I have read a lot of your info on here & have downloaded my appeal pack.
I am carefully completing my appeal ..
When I send this to HMCTS, do they acknowledge receipt in writing?
Is that when I can ask to go back on ESA at the lower rate until the tribunal?
A note for other readers... my Housing benefit office were indeed most impressed being contacted by me first.... ( before DWP ) the lady I spoke with referred to This Site, for " excellent " reference purposes ....
Thanks as a always ( feeling a lot less stressed about this ... )
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8 years 10 months ago #135857 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA medical assessment Fail....
Suzi
Yes the Tribunal Service should acknowledge receipt and acceptance of your appeal in writing, once they do this you should be able to request that the DWP re-instate your ESA payments at the Assessment rate, you can do this over the phone but I would follow it up in writing.
Gordon
Yes the Tribunal Service should acknowledge receipt and acceptance of your appeal in writing, once they do this you should be able to request that the DWP re-instate your ESA payments at the Assessment rate, you can do this over the phone but I would follow it up in writing.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 10 months ago #135861 by SuziQ
Replied by SuziQ on topic ESA medical assessment Fail....
Thanks for that Gordon.
I've looked on here, but to no avail...
I completed my original esa(50) claim form in Oct 2013, having moved during June 14, I can't seem to place my copy.
Am I able to request a copy of the original form I completed from DWP or someone ?
Thanks in advance
SuziQ
I've looked on here, but to no avail...
I completed my original esa(50) claim form in Oct 2013, having moved during June 14, I can't seem to place my copy.
Am I able to request a copy of the original form I completed from DWP or someone ?
Thanks in advance
SuziQ
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8 years 10 months ago #135874 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA medical assessment Fail....
Suzi
If there has been no Decision on your claim since the ESA50 was submitted in October 2013, then it will be in your file which should be at the DWP office that dealt with your claim, I would start by phoning them and asking for a copy, if they accept the request then follow it up with a letter confirming the request.
If they say they can't help you then you will have to raise a Subject Access Request (SAR)
SAR :
www.dwp.gov.uk/docs/request-for-personal-information.rtf
From this page :
www.dwp.gov.uk/privacy-policy/data-protection/
Gordon
If there has been no Decision on your claim since the ESA50 was submitted in October 2013, then it will be in your file which should be at the DWP office that dealt with your claim, I would start by phoning them and asking for a copy, if they accept the request then follow it up with a letter confirming the request.
If they say they can't help you then you will have to raise a Subject Access Request (SAR)
SAR :
www.dwp.gov.uk/docs/request-for-personal-information.rtf
From this page :
www.dwp.gov.uk/privacy-policy/data-protection/
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 10 months ago #135963 by SuziQ
Replied by SuziQ on topic ESA medical assessment Fail....
Great advice as always.
I saw the site recommends going to see how a tribunal to see how it works..
Am I right in assuming it will be local court (we have magistrates & Crown here ) ? Are hearings open to the public then ?
SuziQ
I saw the site recommends going to see how a tribunal to see how it works..
Am I right in assuming it will be local court (we have magistrates & Crown here ) ? Are hearings open to the public then ?
SuziQ
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8 years 10 months ago - 8 years 10 months ago #135974 by Gordon
Not necessarily, it will depend on what venues the Tribunal Service us in your area, in some it is indeed a room in the local Court, but it can also just be a room in an office block.
You can find your local venue from the following page
www.appeals-service.gov.uk/Venues/venues.htm
All court proceeding should be open to the public, I'll stress for anybody reading this that it is extremely unusual for the public to attend a Tribunal hearing and although I can't confirm it for definite, I believe that the claimant can withhold permission on the day.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA medical assessment Fail....
SuziQ wrote: Great advice as always.
I saw the site recommends going to see how a tribunal to see how it works..
Am I right in assuming it will be local court (we have magistrates & Crown here ) ? Are hearings open to the public then ?
SuziQ
Not necessarily, it will depend on what venues the Tribunal Service us in your area, in some it is indeed a room in the local Court, but it can also just be a room in an office block.
You can find your local venue from the following page
www.appeals-service.gov.uk/Venues/venues.htm
All court proceeding should be open to the public, I'll stress for anybody reading this that it is extremely unusual for the public to attend a Tribunal hearing and although I can't confirm it for definite, I believe that the claimant can withhold permission on the day.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 10 months ago by Gordon.
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