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ESA Working Group appeal to support Group
- ALFIE
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9 years 3 weeks ago - 9 years 3 weeks ago #133675 by ALFIE
ESA Working Group appeal to support Group was created by ALFIE
My wife had her appeal hearing today to be in the support group. The appeal was refused. Having waited 10 months it was disappointing . After a medical last June 2014 she was transferred from the support
Group to the working group. The appeal was due to be heard on 15 December 2014 but was adjourned when we turned up as they wanted more information on a danger to herself or others. The DWP were given one month to supply information they were given a further month in Febuary 2015 still they never supplied the information. The appeal department sent us a letter saying they could now not give any information.
However one week before appeal was heard the DWP sent some information for the appeal.
I asked that this should not be allowed but the judge said she was allowing it.
The doctor questioned why we were at appeal today as my wife was clearly unfit for work as stated .we had to explain why and my wife was seeking to be in the support Group. The doctor said the fact you are sitting in front of me today indicates you don't need to be in the support Group and you really need to be a cabbage to get into the support group and it is very hard to be in this group.This was with out asking any questions.
It soon became clear the appeal was going to be refused before we went into the grounds for appeal.
I questioned the Judge why after being informed no further information would be allowed by DWP that she was allowing it. She replied she was the judge and she decides .After being told to wait outside for a decision and then returning back to the room the decision was there on our table showing clearly appeal refused .
The doctor asked why my wife was not on her pension. We told him my wife will get it in November 2015. Also told him my wife's 365days for ESA ends on 28 May 2015. and will not receive and money until her pension in November this year because my pension and benefit will be taken into account.
The doctor could not believe this and said can you not make a new claim for ESA.. The judge made no comment. Sorry this is long winded but wanted to tell what had happened at this appeal.
Group to the working group. The appeal was due to be heard on 15 December 2014 but was adjourned when we turned up as they wanted more information on a danger to herself or others. The DWP were given one month to supply information they were given a further month in Febuary 2015 still they never supplied the information. The appeal department sent us a letter saying they could now not give any information.
However one week before appeal was heard the DWP sent some information for the appeal.
I asked that this should not be allowed but the judge said she was allowing it.
The doctor questioned why we were at appeal today as my wife was clearly unfit for work as stated .we had to explain why and my wife was seeking to be in the support Group. The doctor said the fact you are sitting in front of me today indicates you don't need to be in the support Group and you really need to be a cabbage to get into the support group and it is very hard to be in this group.This was with out asking any questions.
It soon became clear the appeal was going to be refused before we went into the grounds for appeal.
I questioned the Judge why after being informed no further information would be allowed by DWP that she was allowing it. She replied she was the judge and she decides .After being told to wait outside for a decision and then returning back to the room the decision was there on our table showing clearly appeal refused .
The doctor asked why my wife was not on her pension. We told him my wife will get it in November 2015. Also told him my wife's 365days for ESA ends on 28 May 2015. and will not receive and money until her pension in November this year because my pension and benefit will be taken into account.
The doctor could not believe this and said can you not make a new claim for ESA.. The judge made no comment. Sorry this is long winded but wanted to tell what had happened at this appeal.
Last edit: 9 years 3 weeks ago by . Reason: tick.
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- Gordon
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9 years 3 weeks ago #133681 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Working Group appeal to support Group
JIMO
I'm sorry to hear that the appeal was unsuccessful.
Did you ask for the Doctors "cabbage" comment to be recorded? If you did then it may offer a route to appeal, however, this would take some time even if you manage to make it past each of the hurdles in the process, if your wife is due to retire soon you might want to think about whether it is worth the hassle.
Whilst I make this comment to you I also intend it for anybody else reading this post in similar circumstances. You may of done yourself no good by making a reference to the gap between the your wife's ESA and her retiring, if they believed that your appeal was solely for monetary reasons then they would almost certainly have to find against you.
Have a look at the following fact sheet that covers appealing to the Upper Tribunal.
www.disabilityrightsuk.org/appealing-upp...er-tribunal-decision
Gordon
I'm sorry to hear that the appeal was unsuccessful.
Did you ask for the Doctors "cabbage" comment to be recorded? If you did then it may offer a route to appeal, however, this would take some time even if you manage to make it past each of the hurdles in the process, if your wife is due to retire soon you might want to think about whether it is worth the hassle.
Whilst I make this comment to you I also intend it for anybody else reading this post in similar circumstances. You may of done yourself no good by making a reference to the gap between the your wife's ESA and her retiring, if they believed that your appeal was solely for monetary reasons then they would almost certainly have to find against you.
Have a look at the following fact sheet that covers appealing to the Upper Tribunal.
www.disabilityrightsuk.org/appealing-upp...er-tribunal-decision
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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