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ESA pending appeal and backdatings

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9 years 3 months ago #157340 by Invisible
Replied by Invisible on topic ESA pending appeal and backdatings
Thanks Gordon. Is there anything I can do to postpone the hearing? I haven't even got started yet with the evidence, etc

Thanks again.

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9 years 3 months ago #157353 by Gordon
Replied by Gordon on topic ESA pending appeal and backdatings

SCHOPENHAUER wrote: Thanks Gordon. Is there anything I can do to postpone the hearing? I haven't even got started yet with the evidence, etc

Thanks again.


You can write asking for postponement but I think it unlikely that one will be granted for the reasons in my last post, but you have nothing to lose by trying.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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9 years 3 months ago #157413 by Invisible
Replied by Invisible on topic ESA pending appeal and backdatings
Thanks, Gordon.

My representative, who works for a CAB, says that first she will have to assess the case and see ''if they believe that my appeal has merit ''.

Is this standard practice? I felt a bit miffed as the above implies that my case 'has no merit'.

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9 years 3 months ago #157416 by Gordon
Replied by Gordon on topic ESA pending appeal and backdatings

SCHOPENHAUER wrote: Thanks, Gordon.

My representative, who works for a CAB, says that first she will have to assess the case and see ''if they believe that my appeal has merit ''.

Is this standard practice? I felt a bit miffed as the above implies that my case 'has no merit'.


Yes, this is normal, they have limited resources and no funding now that Legal Aid has been removed for First Tier Tribunals.

We have had lots of members where the CAB have turned them down that have then gone on to win their appeal on their own.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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9 years 3 months ago #157425 by Invisible
Replied by Invisible on topic ESA pending appeal and backdatings
Thank you Gordon.

If I understand correctly, the only way to win the ESA appeal is to score at least 15 points in any of the 'descriptors'.

Are there any exceptions to that, other than the 'exceptional rule' ?

I ask this because the descriptors are terribly generic and bland. It seems that if one can walk and can speak, then they are fit to work.

In my case, I have tinnitus (ringing in the ears) and I have to wear a 'masker', which is basically and an mp3 player that plays low level noise, such as rain noise, to cover the ringing in the ears, otherwise it would drive me crazy.

Which means that communicating to people directly, is difficult, which means that in a working environment, that would be a problem.

This is just an example. Have you known of some cases where the claimant won the appeal based on problems that the descriptors didn't cover?

Thanks :)

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9 years 3 months ago #157430 by Invisible
Replied by Invisible on topic ESA pending appeal and backdatings
I think there's something weird about how they have set the hearing.

I have received the DWP papers on 20th of April.
4 days later, I have received a letter of the hearing having set for the 13 of next month. Which means, the hearing would take place 3 weeks after I received the DWP papers.

I was already sending the letter requesting that the time is extended, but should they allow no less than 4 weeks, as was mentioned earlier? I might mention this in the hope that the request will have more weight. Any advice? Thanks

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