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ESA appeal

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8 years 7 months ago #141293 by jasonb1123837
ESA appeal was created by jasonb1123837
hi forumI m appealing an ESA not found unfit for work after an ATOS assessment in the letter says to send the form to and address which for the HMCTS is a PO Box I understand you can send special delivery post (next day guaranteed) to a PO box right and this should be fine sending my appeal form to the tribunal service this way?

btw i have already been turned down after a mandatory reconsideration ie they upheld the original decision so taking it to tribunal


also the PDF form is editable ie can type in it on the computer and fill it in that way so I could do it that way then just print out and sign/date it... beats my handwriting anyway but it says on the form to write in black and in BLOCK capitals is this significant don't want em sending it back. thanks for any info

thanks

PS - also no phone number to contact them or an email contact on the HMCTS website anyone know how i can contact them ???

website for HMCTS below thanks -

www.justice.gov.uk/contacts/hmcts

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8 years 7 months ago #141305 by Gordon
Replied by Gordon on topic ESA appeal
Jason

There should be no problem with you sending the letter using a tracked post.

The request for block capitals in black ink is because the form will be photo copied and it needs to be legible, I don't think there will be any problem with you typing in the form and then printing it.

Gordon

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

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8 years 7 months ago #141306 by jasonb1123837
Replied by jasonb1123837 on topic ESA appeal
ok thanks one thing better to send special (guaranteed overnight delivery) or the lesser cost recorded one someone said special may not work as it needs signature on delivery I think because its a higher cost to it and insured/guaranteed he thought that some places don't check there PO Box up for upto two weeks so recorded would be better or would it not make any difference if I chose either.

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8 years 7 months ago #141314 by Gordon
Replied by Gordon on topic ESA appeal

jasonb1123837 wrote: ok thanks one thing better to send special (guaranteed overnight delivery) or the lesser cost recorded one someone said special may not work as it needs signature on delivery I think because its a higher cost to it and insured/guaranteed he thought that some places don't check there PO Box up for upto two weeks so recorded would be better or would it not make any difference if I chose either.


I'm afraid we have no idea whether this would be an issue all I can say is that nobody on the forum has reported any significant problems in sending post to the Tribunal Service.

Gordon

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

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8 years 6 months ago #143679 by jasonb1123837
Replied by jasonb1123837 on topic ESA appeal
thanks for replies Gordon just an update -

im at this stage of the appeals process I got a letter form HMCTS saying my ESA appeal has been accepted meaning it will be a oral hearing etc. Not a letter with the actual date. Prior to this I first got a letter from them saying they received my appeal and then few weeks later from DWP with a bundle of relevant documents.


thing is on this letter it says in bold-


"It is important you send us any further evidence that you wish the Tribunal to consider now. This evidence will be shared with the other party. Do not wait until you are notified of the date of your hearing, or until the hearing date itself."


my understanding was that its possibly an option to either send or take medical evidence in my case mostly a letter from my GP and couple of other sources to the hearing or send it prior is this correct or is the above quote from the letter significant and others who have gone down the appeals route remember getting this as a norm in their letter/correspondence from HMCTS?


thanks in advance

NB - also I read somewhere on this site about what to wear when going to tribunal can anyone give me more idea about what this means? and any other brief tips at the oral hearing other then what I understand like presenting my symptoms and supporting medical evidence from my GP and expressing to the tribunal why im unfit for work..... my background in short is heroin addiction 12 yrs and 5 years of methadone maintenance which left me unfit for work with problems and range of symptoms such as sleep pattern disorder, insomnia and exhaustion and lethargy and have been signed off sick by my GP with Drug dependence therapy most of the last year. thanks again

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  • foss27
8 years 6 months ago #143694 by foss27
Replied by foss27 on topic ESA appeal
You really need to get all your evidence in as soon as you are able.
There is no fixed date by which evidence must be submitted or it will not count but submitting it at the hearing leaves you open to a challenge by the DWP for not sending it before.
Also the tribunal read the case notes the night before and anything handed in at the hearing may not get the full consideration it deserves purely because it takes up time to have the panel stop, read and consider new evidence. Obviously if you could not get it before you can only hand it in on the day but it is much better to send evidence as early as possible.
With regards to personal appearance at tribunals it is best, in my opinion, not to go in a suit etc or as a tramp. You need to be comfortable, clean and tidy if you can but if you have no carer and difficulties with dressing, washing, shaving etc you go as well presented as you can. If need be you can apologise for not shaving or wearing a suit by blaming your condition or lack of funds.
That is why you are there after all.

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