ESA Tribunal Date Its Only Taken Two years

chrissy v wrote: Hi mods do I have to send copies of my fit/sick notes to the clerk to the court as part of supporting evidence just a thought aren't they in themselves sort of covering reg 29 and reg35 as your GP not agreeing with the ESA Assessment result.


Chrissy V

Hi CV,

You can do if you wish, it can do no harm, but the fact that you are in receipt of Assessment Rate ESA means that you have been providing fit notes.

A fit note (Med 3) would not necessarily support the fact that you qualified for The WRAG under ESA Reg 29 or The SG under ESA Reg 35.

It would have to be shown how and why there would be a "Substantial Risk" to your own health or the health of another, if you were not placed into The WRAG or SG.

Have a read through my previous post : Here, and Gordon's advice prior to that.

bro58

Thank you Bro 58 I have had to pre book an appointment with my GP to discuss with her the form for reg 29 and reg 35 depending on the outcome of her decision can I take it with me on the day as my GP appointment is not till 7th of May and Tribunal is 12th.


CV

chrissy v wrote: Thank you Bro 58 I have had to pre book an appointment with my GP to discuss with her the form for reg 29 and reg 35 depending on the outcome of her decision can I take it with me on the day as my GP appointment is not till 7th of May and Tribunal is 12th.


CV

Hi CV,

As Gordon advised you should shy away from "putting words into your G.P.'s mouth"

It would be better if your G.P. put something in his/her own words regarding how and why their would be a "Substantial Risk" that was personal to you, rather than signing a "pro forma" document.

e.g. The G.P. could list your medical conditions, then the resulting limitations, and state "why", due to these resulting limitations, there would be a "Substantial Risk" if you were not placed in The WRAG and were found fit for work, and/or not placed into The SG and had to comply with WFI's and WRA.

Whether your G.P. is willing to do this is a different matter.

However, any supportive documentation/comments from The G.P. should help.

Ideally, any fresh evidence should be posted to The Tribunal at least a week before the hearing. (you could use guaranteed next day delivery), but you could take the evidence on the day and present it to The Clerk on arrival.

However, if this fresh evidence amounts to more than one or two A4 sides of writing, the Tribunal my refuse to take it into account.

You could post it ASAP and take it on the day as a back up.

If you intend to take evidence on the day, as above, you should give 3 copies to The Clerk and keep the originals yourself.

The same if posting, send copies, take originals with you.

bro58

Hi CV,

So, you could take the explanation of what is needed for ESA Regs 29 & 35 with you for reference purposes, to discuss it with your G.P. verbally, then ask if they could put something in writing, in their own words.

bro58

Thank you Bro 58 .

CV

Hi all Mods,

Been to see my GP this morning about the supporting letter from MHT they are advising that I see a Liasion Phyc my GP has forwarded on the request I asked her what should I do if I loose my tribunal, she said that I am unfit for work and to go back and start the procedure over again by sending in fit/sick notes, what I need to know is what happens immediately after the Tribunal as regards the benefit that you get is there a break in payments or is there no benefit at all if I fill in another ESA50, I am trying to cover all bases, GP says the support letter should help and when I asked her do you do supporting letters she said that they would only have to ring her is that the case ?

Chrissy V