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my appeal for esa date is soon
- steven swarbrook
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9 years 10 months ago #123603 by steven swarbrook
my appeal for esa date is soon was created by steven swarbrook
after 17 months iv got my appeal date i got 9 points, welfare rights say i only need 6 more points, i am very nervous as i find it hard to understand there questions im scared of saying the wrong thing this has coursed so much stress is there any advice you can give me on what to expect i do have a welfare rights person going with me.
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- Gordon
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9 years 10 months ago #123604 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic my appeal for esa date is soon
SW
Welcome to the forum
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There will be two people on the panel; a Judge (probably just a lawyer) who will be in charge of the meeting and will keep a record of what happens and a Doctor who will ask most of the questions.
They will be asking you about your daily activities and how they are affected by your conditions, depending on what Descriptors you think you should score points for, they may ask more detailed questions, for example; if you think that you should score points for the Mobilising Descriptor then they may ask how far you can walk, do you experience pain or breathlessness, do you use and aid such as a walking stick.
Most of the questions will be directed to you although your representative will also have a chance to speak on your behalf, they are not trying to trick you, but it is worth you taking a moment to make sure you understand the question before responding.
Read through your appeal submission to make sure you are familiar with each of the points it raises.
Remember that the panel will be asking how you were 18 months ago, not how you are today, I understand this can often be difficult, but do your best.
I would have a look at our ESA Claim guides to make sure you understand the criteria that you are being assessed against. Make sure you use the guide that is applicable to date of the Decision you appealed, based on your post it will not be the current ones, but the ones before that; either 'Old' ESA50 form, decision on or after 28 Jan 2013 or more likely 'Old' ESA50 form, decision before 28 Jan 2013 at the bottom of the following page
www.benefitsandwork.co.uk/help-for-claimants/esa1
You may not get the result on the day, the panels are very busy and often do not have time to write up the Decision Notice while you wait, if this happens it is in no way reflective of the result, they do this just a much for successful appeals as failed ones, you should get a letter in a couple of days.
Best of luck
Gordon
Welcome to the forum
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
There will be two people on the panel; a Judge (probably just a lawyer) who will be in charge of the meeting and will keep a record of what happens and a Doctor who will ask most of the questions.
They will be asking you about your daily activities and how they are affected by your conditions, depending on what Descriptors you think you should score points for, they may ask more detailed questions, for example; if you think that you should score points for the Mobilising Descriptor then they may ask how far you can walk, do you experience pain or breathlessness, do you use and aid such as a walking stick.
Most of the questions will be directed to you although your representative will also have a chance to speak on your behalf, they are not trying to trick you, but it is worth you taking a moment to make sure you understand the question before responding.
Read through your appeal submission to make sure you are familiar with each of the points it raises.
Remember that the panel will be asking how you were 18 months ago, not how you are today, I understand this can often be difficult, but do your best.
I would have a look at our ESA Claim guides to make sure you understand the criteria that you are being assessed against. Make sure you use the guide that is applicable to date of the Decision you appealed, based on your post it will not be the current ones, but the ones before that; either 'Old' ESA50 form, decision on or after 28 Jan 2013 or more likely 'Old' ESA50 form, decision before 28 Jan 2013 at the bottom of the following page
www.benefitsandwork.co.uk/help-for-claimants/esa1
You may not get the result on the day, the panels are very busy and often do not have time to write up the Decision Notice while you wait, if this happens it is in no way reflective of the result, they do this just a much for successful appeals as failed ones, you should get a letter in a couple of days.
Best of luck
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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