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esa tribual submission
8 years 9 months ago - 8 years 9 months ago #137967 by bro58
Replied by bro58 on topic esa tribual submission
Hi,
Welcome to Benefits and Work Forum !
If your forum name is also your real name, you may wish to change it to maintain some anonymity.
This can be done quite easily by following the instructions on this FAQ :
My full name is showing, how can I stop it?
My first suggestion would be to review/read through our : ESA Claims Guides 3rd and 4th links down the page.
&
Our : ESA Appeals Guidance.
See also : Qualifying for the Support Group
From our : ESA FAQ’s
Plus the following : Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.
&
MOJ Video of “mock” ESA Appeals Process and Tribunal
Try not to worry too much, Tribunals should be a pretty informal affair, you are not on "Trial" !
Many of our members have successfully represented themselves at First Tier Tribunals. (FTT)
If you can identify which of : The Functional SG (LCWRA) Schedule 3 Descriptors that you feel that you qualify under, ( remember, even though you can cite more than one, you only need to fulfill one to qualify ) you can cite it/them in your submission.
You can then list the medical evidence that you have, (providing supporting medical documentation) and try and tie in the limitations that you suffer as a result of the medical conditions with the appropriate SG Activity/Descriptor/s, giving reasons how and why you cannot carry out that Activity with respect to the relevant Descriptor
If you cannot carry out any of the activities Repeatedly, Reliably and Safely for the majority of the time (>50% of the time) without suffering severe discomfort, pain, risk or breathlessness, you should not be classed as being able to carry them out at all.
So it is a matter of highlighting the relevant SG Activity/Descriptor/s then cross referencing to the relevant medical condition/s and resulting limitations.
There is nothing wrong with using evidence that you have already used with your MR, etc whilst re-referring to that.
You can also write a one or two A4 page submission with bullet points including pointers to the above.
You should ensure that your evidence is with The FTT ideally no later than 10-14 days before the hearing, although you can present 1 or 2 A4 pages on the day.
This being the case, make 4 photocopies of the 1 or 2 pages, keep one for yourself and hand the other 3 to The Clerk when you arrive at the Tribunal Venue.
With regards to The SG Activities as opposed to The WRAG Activities, to be classed as being able to carry them out, not only must you be able to do so as mentioned above, for the majority of the time, etc,etc, you must also be able to carry them out on the majority of occasions that you attempt them :
ESA Reg 34. (2) Applicable to Support Group :
“A descriptor applies to a claimant if that descriptor applies to the claimant for the majority of the time or, as the case may be, on the majority of occasions on which the claimant undertakes or attempts to undertake the activity described by that descriptor”
From : ESA Reg 34.
You may want to cite the above in your submission.
If you cannot fulfil at least one of The Functional SG Descriptors, you can gain access to The SG via : ESA Reg 35 for entry to The SG (LCWRA)
As you were previously in The SG for 3 years, the onus is on The DWP ESA Decision Maker to show how and why you no longer qualify for The SG, so if you can prove that your medical conditions have not changed/improved and your resulting limitations that fulfilled the relevant SG Activity/Descriptors last time have not diminished since that time, it should help.
All this is explained further in our ESA Guides and Appeals Guidance.
You may want to Bookmark/Favourite this page in your Internet Browser, you can then find it again easily for your future reference and to pose any further queries that you may have.
bro58
Welcome to Benefits and Work Forum !
If your forum name is also your real name, you may wish to change it to maintain some anonymity.
This can be done quite easily by following the instructions on this FAQ :
My full name is showing, how can I stop it?
My first suggestion would be to review/read through our : ESA Claims Guides 3rd and 4th links down the page.
&
Our : ESA Appeals Guidance.
See also : Qualifying for the Support Group
From our : ESA FAQ’s
Plus the following : Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.
&
MOJ Video of “mock” ESA Appeals Process and Tribunal
Try not to worry too much, Tribunals should be a pretty informal affair, you are not on "Trial" !
Many of our members have successfully represented themselves at First Tier Tribunals. (FTT)
If you can identify which of : The Functional SG (LCWRA) Schedule 3 Descriptors that you feel that you qualify under, ( remember, even though you can cite more than one, you only need to fulfill one to qualify ) you can cite it/them in your submission.
You can then list the medical evidence that you have, (providing supporting medical documentation) and try and tie in the limitations that you suffer as a result of the medical conditions with the appropriate SG Activity/Descriptor/s, giving reasons how and why you cannot carry out that Activity with respect to the relevant Descriptor
If you cannot carry out any of the activities Repeatedly, Reliably and Safely for the majority of the time (>50% of the time) without suffering severe discomfort, pain, risk or breathlessness, you should not be classed as being able to carry them out at all.
So it is a matter of highlighting the relevant SG Activity/Descriptor/s then cross referencing to the relevant medical condition/s and resulting limitations.
There is nothing wrong with using evidence that you have already used with your MR, etc whilst re-referring to that.
You can also write a one or two A4 page submission with bullet points including pointers to the above.
You should ensure that your evidence is with The FTT ideally no later than 10-14 days before the hearing, although you can present 1 or 2 A4 pages on the day.
This being the case, make 4 photocopies of the 1 or 2 pages, keep one for yourself and hand the other 3 to The Clerk when you arrive at the Tribunal Venue.
With regards to The SG Activities as opposed to The WRAG Activities, to be classed as being able to carry them out, not only must you be able to do so as mentioned above, for the majority of the time, etc,etc, you must also be able to carry them out on the majority of occasions that you attempt them :
ESA Reg 34. (2) Applicable to Support Group :
“A descriptor applies to a claimant if that descriptor applies to the claimant for the majority of the time or, as the case may be, on the majority of occasions on which the claimant undertakes or attempts to undertake the activity described by that descriptor”
From : ESA Reg 34.
You may want to cite the above in your submission.
If you cannot fulfil at least one of The Functional SG Descriptors, you can gain access to The SG via : ESA Reg 35 for entry to The SG (LCWRA)
As you were previously in The SG for 3 years, the onus is on The DWP ESA Decision Maker to show how and why you no longer qualify for The SG, so if you can prove that your medical conditions have not changed/improved and your resulting limitations that fulfilled the relevant SG Activity/Descriptors last time have not diminished since that time, it should help.
All this is explained further in our ESA Guides and Appeals Guidance.
You may want to Bookmark/Favourite this page in your Internet Browser, you can then find it again easily for your future reference and to pose any further queries that you may have.
bro58
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