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ESA Tribunal Date Its Only Taken Two years

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10 years 2 weeks ago - 10 years 2 weeks ago #119954 by chrissy v
Hi All,

Got my ESA fit for work Tribunal date

Had the brown envelope from the tribunal service hearing is 12/5/14 just over 2 years since my WCA
All of a sudden everything happens at once, what with waiting for MR on losing my HR DLA I still think that somehow the 2 benefits are in each others pockets.
Cant get a rep went again to CAB and bless them I know they try their best but most of them in my area don't seem to know enough about the system I seem to be telling them things and nobody in my area are welfare rights experts, so can a friend go with me ? also can the Mental Health Councillor do a letter of support for me or even sign the letter reg 29 and reg 34 if she would.

Chrissy V
Last edit: 10 years 2 weeks ago by Gordon.

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10 years 2 weeks ago #119958 by Gordon
Replied by Gordon on topic ESA Tribunal Date Its Only Taken Two years
Chrissy

Yes a friend can go with you, you should explain to the panel what they are doing there and whether they will be making any comments on your case, if they do, then they will have to explain how they know you and how often they see you, obviously the more often, the more likely that they will be viewed as having knowledge of your conditions and limitations.

Assuming that they are willing, your MH Councillor can write a letter of support for you, if it is more than one page of A4, assuming that you have nothing else to submit on the day, then you can take it to the hearing, but if at all, possible, your should submit it at least 7 days before.

Gordon

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10 years 2 weeks ago - 10 years 2 weeks ago #119959 by chrissy v
Replied by chrissy v on topic ESA Tribunal Date Its Only Taken Two years
Thank you Gordon,

What about reg 29 and 35 can a MH Councillor sign that or does it have to be my GP which you have to book appointment weeks in advance to see her she always booked up and I very rarely see her.


Chrissy V
Last edit: 10 years 2 weeks ago by Gordon.

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10 years 2 weeks ago #119960 by Gordon
Replied by Gordon on topic ESA Tribunal Date Its Only Taken Two years

chrissy v wrote: Thank you Gordon,

What about reg 29 and 35 can a MH Councillor sign that or does it have to be my GP which you have to book appointment weeks in advance to see her she always booked up and I very rarely see her.


Chrissy V


In principle yes, but you need to be cautious of being seen to have put words into their mouth, it would be difficult to see how you would not be doing this if they signed a prepared letter. If you believe that you meet either 29 or 35, then I would explain the requirements to them of each Regulation and ask them, if they also agree that you meet the criteria, to include this information in their letter, it is important that they not only state that you meet one or both of the Regs., but also why.

Gordon

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  • bro58
10 years 2 weeks ago - 10 years 2 weeks ago #119961 by bro58
Replied by bro58 on topic ESA Tribunal Date Its Only Taken Two years
Hi CV,

As Gordon states, if the MH C is going to give a letter of support Re : ESA Reg 29 and/or Reg 35, they would not only have to state that there would be a "Substantial Risk" to your own health or that of another if you are not found to have LCW (WRAG) or LCWRA (SG), they would have to provide details of how and why you would suffer said "Substantial Risk"

See ESA Reg 29. 2. (b) :

ESA Reg 29 for entry to The WRAG (LCW)

PLUS Post 28/01/13 Amendment of :

(3) Paragraph (2)(b) does not apply where the risk could be reduced by a significant amount by—

(a)reasonable adjustments being made in the claimant’s workplace;

or

(b)the claimant taking medication to manage the claimant’s condition where such medication has been prescribed for the claimant by a registered medical practitioner treating the claimant.”.

From : www.legislation.gov.uk/uksi/2012/3096/regulation/3/made

&

ESA Reg 35. 2. (a) & (b) :

ESA Reg 35 for entry to The SG (LCWRA)

bro58
Last edit: 10 years 2 weeks ago by bro58.

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10 years 2 weeks ago - 10 years 2 weeks ago #119962 by chrissy v
Replied by chrissy v on topic ESA Tribunal Date Its Only Taken Two years
Thank you very much Gordon, the last time I saw her I mentioned about the regs to her and she said my mental health alone was enough to state these regs so I can but try on Monday when I see her but I take heed of your words.
also my meds have been put up to the limit since my WCA but it is the same condition I had at my WCA for also I did put on my Esa 50 that I was waiting for an appointment with a podiatrist and in October of 2012 I had to have nail surgery on both big toes both sides of the nails and I continue to see podiastrist every 6 weeks to have nails cut as I can't do this myself due to my chronich back pain due to spinal surgery that failed, also they said I have a condition called Plantar Fasillitas and have had to have special insoles made, the HCP didn't even ask about why I needed to see a podiatrist, so can I include details of this as further information to the tribunal.

Chrissy V
Last edit: 10 years 2 weeks ago by Gordon.

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