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Supportive + GP's letter after MR request sent .

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7 years 10 months ago #159541 by Gordon

Roidininki wrote: Thankyou. FFFW on 25/4/.16 . Fit note for 8 weeks given on 5/5/16 . Does the latter not count ?


It really need to be from 26/4/16 or you risk the DWP refusing to pay you from 26/4 to 4/5.

Gordon

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7 years 10 months ago #159987 by Roidininki
Replied by Roidininki on topic Supportive + GP's letter after MR request sent .
So having got the SSCS1 can see only a small space to list reason why you're appealing .
Is that it ? Just basically bullet points , not in detail ?

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7 years 10 months ago #160001 by Gordon

Roidininki wrote: So having got the SSCS1 can see only a small space to list reason why you're appealing .
Is that it ? Just basically bullet points , not in detail ?


You'll have an opportunity to present your detailed reasons once the appeal has been accepted and you have received the DWP's submission, although you can and should start work on this now.

Gordon

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7 years 10 months ago #160006 by Roidininki
Replied by Roidininki on topic Supportive + GP's letter after MR request sent .
Thankyou.
Is it wise for someone with a mental illness to attend?
Hardly the best person face to face to describe how the illness affects them ?
Am wondering if ESA regulation 29 should be a reason such a person is not fit for work considering he has been in receipt of ESA and in support group for 3 years classed as Severely Disabled with no change in his illness since he was awarded it in 2013. that

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7 years 10 months ago #160009 by Gordon

Roidininki wrote: Thankyou.
Is it wise for someone with a mental illness to attend?
Hardly the best person face to face to describe how the illness affects them ?
Am wondering if ESA regulation 29 should be a reason such a person is not fit for work considering he has been in receipt of ESA and in support group for 3 years classed as Severely Disabled with no change in his illness since he was awarded it in 2013. that


I can't really answer your first question, if you conditions are ones that would limit or even prevent you attending a hearing, then you will not help your claim by doing so, but if they are not, then the likelihood of your appeal being successful is increased by you being available to answer the panels questions.

Regulations 29 qualifies you for the WRAG, it's Regulation 35 for the Support Group. In both cases you need to show that there is substantial risk of harm to you or someone else if they do not apply the relevant Regulation. This is explained in more detail in the ESA Claim guides.

Gordon

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7 years 10 months ago #160473 by Roidininki
Replied by Roidininki on topic Supportive + GP's letter after MR request sent .
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 ?

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