can i get esa

lonegunmen wrote: hi,
her name isnt joe, its something else. her name isnt on the nmc
regards

This is a matter to pursue with the Assessment Provider as you already appear to be.

Gordon

lonegunmen wrote: hi,
the DM have stated that they have use esa50 on the 23/7/14? i sent one june,15
regards

Who did you send it to?

If the DWP did not use the new ESA50 in the making of the Decision then they are not required to include it in their submission, if this is the case then you would need to include it as part of yours and show that it should have been available to them, assuming that it was.

Gordon

lonegunmen wrote: hi,
do i inform the tribunal service that dwp have used a old esa50 and even tell them i sent a new esa50 recorded delivery? also do i tell t/s not to use theres in dwp submission
regards

If the old ESA50 is the only one in the DWP submission then they will know that it is the one used to make the Decision!

You should explain in your submission that you sent a new one (you haven't answered the question on who you went it to!) that should have been available to the Decision Maker to use but was not one of the documents that they used.

The panel will choose what evidence they will use in the hearing, you can suggest that the new ESA50 is more relevant but you certainly cannot tell them not to use the DWP submitted ESA50.

Notwithstanding the above, to win your tribunal your primary task is still to show that you meet the criteria for the award you are seeking, showing that the DWP case is week does not make your case stronger, in fact the panel may not even agree with you that these matters are important in relation to their making a Decision.

Gordon