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Worries about my tribunal as I scored 0 on esa ass
- soph2103
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7 years 5 months ago #171468 by soph2103
Worries about my tribunal as I scored 0 on esa ass was created by soph2103
Hi I'm new and have my first tribunal coming up at the beginning of next month. I have many back problems that are getting worse and now it has affected my upper body even more than before. I scored 0 on my esa assessment and was so upset,as I don't think they understood how severe my condition is.i receive PIP high rate mobility and standard daily living allowance,and I really don't know what else I could of done to show them how much this is affecting my life and children. If anyone has anything that could help me prepare for this I'd be so grateful
Kind regards
Kind regards
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- Gordon
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7 years 5 months ago - 7 years 5 months ago #171488 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Worries about my tribunal as I scored 0 on esa ass
soph
First of all the Tribunal panel can only consider your conditions as they were at the time that the Decision was made, any deterioration that has occurred since then cannot be taken into account.
You need to show that you score sufficient points to receive an award, so my best suggestion is for your to go through your ESA50, the assessment report and our ESA Claim guides to make sure that you have shown that you meet the criteria for the ESA activities that you have problems with. This should give you the basis of a submission. Once you have done this then spend some time looking at the assessment report to explain why the assessors views are incorrect.
Be careful, many of the ESA Descriptors have multiple elements and you must show that you meet all of them to score.
Your submission needs to be with the Tribunal Service no later than 7 days before the date of the hearing.
It may be too late but you can try to find assistance by doing an internet search for "welfare advice" with your postcode, town or county.
If you have questions about the ESA activities then reply to this post and we will do our best to help.
Gordon
First of all the Tribunal panel can only consider your conditions as they were at the time that the Decision was made, any deterioration that has occurred since then cannot be taken into account.
You need to show that you score sufficient points to receive an award, so my best suggestion is for your to go through your ESA50, the assessment report and our ESA Claim guides to make sure that you have shown that you meet the criteria for the ESA activities that you have problems with. This should give you the basis of a submission. Once you have done this then spend some time looking at the assessment report to explain why the assessors views are incorrect.
Be careful, many of the ESA Descriptors have multiple elements and you must show that you meet all of them to score.
Your submission needs to be with the Tribunal Service no later than 7 days before the date of the hearing.
It may be too late but you can try to find assistance by doing an internet search for "welfare advice" with your postcode, town or county.
If you have questions about the ESA activities then reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 5 months ago by Gordon.
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- Derek4
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7 years 5 months ago #171516 by Derek4
Replied by Derek4 on topic Worries about my tribunal as I scored 0 on esa ass
Hi Soph,
I can assure you that scoring no points in an ESA assessment is no reason to be apprehensive about the outcome of an appeal - many people including myself have had zero points decisions overturned on appeal.
The DWP have a long history of ignoring your disability (or looking on the bright side) but the tribunal starts from scratch and takes a fresh look at your case.
Good luck,
Derek
I can assure you that scoring no points in an ESA assessment is no reason to be apprehensive about the outcome of an appeal - many people including myself have had zero points decisions overturned on appeal.
The DWP have a long history of ignoring your disability (or looking on the bright side) but the tribunal starts from scratch and takes a fresh look at your case.
Good luck,
Derek
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- Bill24chev
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7 years 5 months ago #171559 by Bill24chev
Replied by Bill24chev on topic Worries about my tribunal as I scored 0 on esa ass
Soph
Derek is right a nil score on ESA85 can be overturned at Tribunal. Wife scored Zero points but Tribunal took about ten minutes to place her in Support Group.
If you believe that the HCP was negligent in completing your assessment report complain to their Professional body once you have been successful at Tribunal.
Derek is right a nil score on ESA85 can be overturned at Tribunal. Wife scored Zero points but Tribunal took about ten minutes to place her in Support Group.
If you believe that the HCP was negligent in completing your assessment report complain to their Professional body once you have been successful at Tribunal.
The following user(s) said Thank You: soph2103
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- soph2103
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7 years 5 months ago #171566 by soph2103
Replied by soph2103 on topic Worries about my tribunal as I scored 0 on esa ass
Hi Gordon
Thanks so much for getting back to me.i'm aware that they won't take anything else into consideration,but my new MRI scan confirms the reasons as to why I'm not able to use my hands and lift my arms above my head,which is what the assessor said I did,so I'm hoping they will consider that.
when I requested a mandatory reconsideration,my sister wrote out a 14 page letter which was sent to the dwp,and has also been sent to the court explaining how my disability affects me and compared them to the descriptors.
I will once again go through all of my forms and try to prepare myself.
Thanks again very much for your reply
Kind regards
Sophie
Thanks so much for getting back to me.i'm aware that they won't take anything else into consideration,but my new MRI scan confirms the reasons as to why I'm not able to use my hands and lift my arms above my head,which is what the assessor said I did,so I'm hoping they will consider that.
when I requested a mandatory reconsideration,my sister wrote out a 14 page letter which was sent to the dwp,and has also been sent to the court explaining how my disability affects me and compared them to the descriptors.
I will once again go through all of my forms and try to prepare myself.
Thanks again very much for your reply
Kind regards
Sophie
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- soph2103
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7 years 5 months ago #171567 by soph2103
Replied by soph2103 on topic Worries about my tribunal as I scored 0 on esa ass
Thanks so much Derek for your reply.
It's reassuring to hear that there is hope of being awarded points.
My assessor seemed to ignore and go against everything at my assessment,saying I could do things that I clearly can't
I'm going to go through everything and try and make myself as prepared as I can,and I'm hoping they can see me and my disability as it is,and the struggles I face day in day out.im only 32 and I feel because of my age that they think I shouldn't be having any of these problems and that I can be on the mend really quickly,but in reality I've been dealing with this for 11 years and have now got to the point where I cant actually take it anymore.
I'll keep you updated on the outcome
Thanks again
Kind regards
Sophie
It's reassuring to hear that there is hope of being awarded points.
My assessor seemed to ignore and go against everything at my assessment,saying I could do things that I clearly can't
I'm going to go through everything and try and make myself as prepared as I can,and I'm hoping they can see me and my disability as it is,and the struggles I face day in day out.im only 32 and I feel because of my age that they think I shouldn't be having any of these problems and that I can be on the mend really quickly,but in reality I've been dealing with this for 11 years and have now got to the point where I cant actually take it anymore.
I'll keep you updated on the outcome
Thanks again
Kind regards
Sophie
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