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8 years 3 weeks ago #156207 by Cher
ESA was created by Cher
Hi
Have today received an ESA50 04/15. In July 2013 I attended a First-Tier Tribunal which I 'WON'. The judge and Doctor did not even ask me anything at all, I had 2 friends with me and one was ready to take notes and he didn't need to we were in and out in less then 10 minutes' and have been on ESA with the Support Component ever since. I suffer with Depression and Anxiety so need to fill the relative Part 2. Apart from reading all your information to form my answers do you recommend anything else to do? In 2013 I had help with an appeal from a local Law Centre as I was entitled to Legal Aid something that is unavailable now. They took it out of my hands and made everything a bit easier for me. Would you recommend going to my local CAB? I am sure my Doctor will help me, and I have a friend who will come with me if needs be to anything I have to attend. I haven't worked for over 20 years partly because my ex husband provided and I stayed at home raising our 2 children even though I had Mental Health issues then and have had for many years before that. I have over the years had a lot of counselling, CBT therapies and such like but not had any for over a year as it was agreed by NHS 2gether that it would be best not to continue at that time March 2015. Will that go against me and should I contact the last counselling service which was through the NHS (although it was for a year they never took notes) so I don't know if they could be of any help. When I initially sent my form off that first time I did write an awful lot about my feelings and how I felt looking after 2 children after my husband left us and I wonder if that helped at the Tribunal or just some very basic help but very good help from the Advice Worker at the Law Centre he just wrote to my Doctor and at the time a counsellor I had seen previously asking them if in their opinion and if they agreed with the statements he outlined in letters to them which they did. So sorry for this long message I have been dreading this letter for over 6 months. One last question if I am in the Support Group if I don't score enough points would I have to go straight to JSA or would there be an in between group as such and is a Face to Face assessment 100% lightly?
Thank you very much for hopefully even reading this.

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8 years 3 weeks ago - 8 years 3 weeks ago #156212 by Gordon
Replied by Gordon on topic ESA
Cherry

I would always advice a claimant to get face to face advice if it is available, but you should always remember that it is your claim and only you are affected if the claim goes wrong, so make sure that you do find someone that you are kept in the loop and approve anything they suggest before it happens. We see far too many claimants on the forum who have not even got a copy of the ESA50 that was filled in for them and that has failed to score points.

Do an internet search for "welfare advice" with your postcode, town or county. Legal Aid has now been withdrawn for all benefit claims and appeal for anything lower than the Upper Tier, so you may struggle to find assistance.

In regard to evidence, I would start with your GP, they may say that the DWP or Maximus will write to them, the reality is that this rarely happens and you need to get all your ducks lined up now rather than charging around later.

You can also request copies of your medical records. See

Requesting your medical records

Charging for medical records

If you can't source any recent reports then it is what it is, many claimants have been parked by the NHS. I wouldn't say that it will hurt your claim but it certainly won't help it.

You can be returned to the Support Group, moved to the Work Related Activity Group which will involve you attending Work Focussed Interviews and participating in Work Related Activity or you can be found Fit for Work, if the latter then JSA may be the only benefit that you will be entitled to at that time.

If you have more questions then please reply to this post and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 3 weeks ago by Gordon.

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8 years 3 weeks ago #156221 by Cher
Replied by Cher on topic ESA
Thank you for your reply. Is it worth paying for any advice from anyone eg someone similar to the Advice Worker who helped me last time from the Law Centre?
Thank you.

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8 years 3 weeks ago #156256 by Gordon
Replied by Gordon on topic ESA

Cherry L wrote: Thank you for your reply. Is it worth paying for any advice from anyone eg someone similar to the Advice Worker who helped me last time from the Law Centre?
Thank you.


I think you will struggle to find someone and I would be very cautious of paying anyone unless they can provide references.

Gordon

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

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8 years 2 weeks ago #156471 by Cher
Replied by Cher on topic ESA
Thank you.
I have been to my local Citizen's Advice today they have helped me with filling my ESA50 which has been of help however I am anxious that there isn't enough information about my difficulties put on the form. At this stage in 2012/2013 the last time I filled one in, I didn't have any help at all of course didn't know anything about how this system all worked then. I don't even have a copy of the form so no idea what I wrote.
The Law Centre man (as above) didn't get involved until after the medical when I went to him regarding taking it to tribunal. This time if at all possible I don't want it to get that far.
Anyway help.
Also how many times am I allowed to contact you with questions?

Thank you.

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8 years 2 weeks ago #156477 by Gordon
Replied by Gordon on topic ESA
Cherry

You can ask as many questions as you want on here, I may regret saying that :) the only restriction we place on members is that we are only online at certain times.

Gordon

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

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