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New Member - Deaf ESA Appeal Help needed

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8 years 1 week ago #156817 by Gordon
Replied by Gordon on topic New Member - Deaf ESA Appeal Help needed

Nickjb wrote: Thanks Gordon - I am still learning how to navigate this forum lol!
Despite feeling very positive yesterday, reading the MR again today and the reasons they turned me down I just feel an overwhelming sense of dread and negativity now - I would never claim for something I dont deserve and if anything I have struggled for years well actually all my life instead of asking for help but really feel today like drawing a line in the sand - not sure if the energy to fight a system and beg them to see how hard I find everyday life. Sorry for the negativity - need a pep talk lol!


Revision rates at appeal are quite low, so you should be prepared to fail and not take it to heart, it's unlikely to be a reflection of whether you have a claim to an award or not, but rather shows that the process is poorly managed and those making Decision are inadequately trained.

Turnover rates at Tribunal are far higher, well over 50% and whilst it may take you longer, Tribunal panel will listen to from scratch, with no pre-conceptions of your eligibility.

It can be tempting to see what you need to do as difficult and I would not suggest that it may be, but if you don't do anything then the Decision will stand and your only option will be to claim JSA.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 1 week ago #156818 by slugsta
Replied by slugsta on topic New Member - Deaf ESA Appeal Help needed
Just to clarify the advice given by my colleague - revision at MR is not common, appeals are more often successful.

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

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8 years 1 week ago #156839 by Nickjb
Replied by Nickjb on topic New Member - Deaf ESA Appeal Help needed
Thanks for that - having printed off some booklets and read them tonight I feel inspired again and think its definitely worth a shot! Suffering with depression and anxiety too doesnt help me feel great about myself but I do realise its not me its the system and no harm in simply putting my cards on the table and telling them what my life is like - I can do no more! I have completed appeal form just need tomorrow to add a covering letter outlining why I am appealing linking the descriptors to the MR decision info and send it off then request SARs from DWP. Can I request the decision made by a Dr last time I was assessed or only recent documents. I feel the Physio who assessed me clearly had no understanding of hearing impairment and mental health issues - I cried the whole way through the assessment but it was noted I coped well!!
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8 years 1 week ago #156841 by Gordon
Replied by Gordon on topic New Member - Deaf ESA Appeal Help needed
Nickjb

You can request any documents that you think will be available on the SAR, you can even say "all documents used in the making of the Decision", just specify the date or date range to be included.

Gordon

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

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8 years 1 week ago #156849 by marieukxx
Replied by marieukxx on topic New Member - Deaf ESA Appeal Help needed
I am not an expert just a member like you. My dad is deaf and was initially turned down for DLA. I applied again for him and filled it in myself. I really went into detail about how it affected his life like how I had to communicate for him on the phone when people rang, how he could not hear a smoke alarm and an incident one night when there was a small fire but he didn't hear the alarm and I woke him. How I am close to him so he lip reads me easily but strangers he had difficulty understanding like out in shops and stuff.

I just went into great detail about how it affected his ability to do certain things and how muh help he needed with that.

This was when it was DLA mind you and I will have to do the form when he switches to PIP.

He got his DLA award but I'm not so confident if he will when he's changed over.

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8 years 1 week ago #156878 by Gordon
Replied by Gordon on topic New Member - Deaf ESA Appeal Help needed
Marie

Thank you for your post, unfortunately Nickjb is claiming ESA not DLA or PIP, so the criteria are very different!

Gordon

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

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