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Writing my grounds for appeal

  • Bronnie
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9 years 2 months ago #130060 by Bronnie
Writing my grounds for appeal was created by Bronnie
In many of the sample letters for filling out section 5 of SSCS1, claimants refer to the
Claim pack? Is this referring to ESA50A questionnaire. If the information I am giving for grounds for appeal, has not been mentioned by me before- for instance I may have mentioned In the ESA50A that I can walk slowly for 5 minutes and then get the bus, however I didn't mention that I have to sit whilst waiting for the bus. Is it ok to add extra details or expand on a topic mentioned prior?
This is all so very complicated :S

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9 years 2 months ago #130066 by Gordon
Replied by Gordon on topic Writing my grounds for appeal
Bronnie

You need to separate completing the SSCS1 form from presenting your detailed arguments about why you should be awarded ESA, especially if you are struggling to complete the form and return it within the normal timescales.

All you need to include in section 5 are one or two; one sentence reasons why you believe you should have been awarded the benefit, I would stick to information that you have previously supplied, you mention problems with walking in your latest post, so that may be one to mention.

When your appeal is submitted and hopefully accepted by the Tribunal Service then you can prepare a detailed summary of your problems, this would be the time to introduce new information such as your needing to sit after walking.

One last point, once your SSCS1 is submitted, you should have a good look at the tests for an ESA award, two things immediately stand out, ESA looks at the distance you can mobilise, if you say that you can walk slowly for 5 minutes then you need to understand how far this might actually be. Secondly the test is not just about your ability to walk, but also your ability to propel a manual wheelchair so you need to show that you cannot do this as well.

Gordon

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  • Bronnie
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9 years 2 months ago #130083 by Bronnie
Replied by Bronnie on topic Writing my grounds for appeal
Thank you Gordon that is very helpful.
If they accept my appeal will they provide me with another form where I can give my detailed arguments and further evidence, or will I need to mention in the SSCS1 form that this will follow at a later date? Plus if u take a more detailed approach on the SSCS1 are they more likely to accept your appeal. Sorry for all the questions.

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  • Bronnie
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9 years 2 months ago #130084 by Bronnie
Replied by Bronnie on topic Writing my grounds for appeal
Sorry another quick thing I forgot to ask was,
when writing my brief sentences on why I should be awarded ESA should I include a sentence like the one in the sample letter u provided;
"I consider I have provided enough evidence for a finding to be made that I do have limited capability for work"
Can I say this even if I only provided a docters medical report which the DWP said didn't go into how my medical condition affects my ability to do certain tasks.

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9 years 2 months ago #130090 by Gordon
Replied by Gordon on topic Writing my grounds for appeal

Bronnie wrote: Thank you Gordon that is very helpful.
If they accept my appeal will they provide me with another form where I can give my detailed arguments and further evidence, or will I need to mention in the SSCS1 form that this will follow at a later date? Plus if u take a more detailed approach on the SSCS1 are they more likely to accept your appeal. Sorry for all the questions.


There is no second form, your submission will be free form with you choosing what content you provide, it can be an updated explanation of information already provided or it can contain new information or evidence, or any combination.

The only limitation is that it must be relevant to the date of the Decision appealed, any change in your conditions since then will be ignored.

Once your appeal is accepted, the DWP will be given 28 days to prepare their case, you will receive a copy of this, then you will have 28 days from the date that this is issued to prepare and submit your case, it may be longer as you can continue to submit information up to 1 week before the hearing, but you should start preparing it now. You do not need to tell the Tribunal Service that you are preparing something for the hearing, it will be assumed.

Providing you have provided all of the information required on the SSCS1 there should be no reason why your appeal is not accepted, providing more information on the form will have little if any affect on this.

Gordon

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9 years 2 months ago #130091 by Gordon
Replied by Gordon on topic Writing my grounds for appeal

Bronnie wrote: Sorry another quick thing I forgot to ask was,
when writing my brief sentences on why I should be awarded ESA should I include a sentence like the one in the sample letter u provided;
"I consider I have provided enough evidence for a finding to be made that I do have limited capability for work"
Can I say this even if I only provided a docters medical report which the DWP said didn't go into how my medical condition affects my ability to do certain tasks.


If you think that this is the case then you should consider including it.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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