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ESA appeal questions

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8 years 5 days ago #158184 by Gordon
Replied by Gordon on topic ESA appeal questions

Nickjb wrote: Thanks I agree I was not automatically assuming I should get the award - I would not apply if I didnt have genuine long term and severe difficulties that make work difficult, as well as also meeting the criteria for the benefit in terms of descriptors etc. Thank you.


I'm really not suggesting that you don't, just trying to lead you back to you showing that you meet the criteria first :)

Gordon

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7 years 11 months ago #159052 by Nickjb
Replied by Nickjb on topic ESA appeal questions
Hi again
Well my appeal papers came today - frightening in themselves being a thick pile of papers.....
Couple of questions regarding this -
Are these my SARS papers too - I sent the appeal off and also a separate letter asking for all information on my file relating to this claim and previous claim - are these the same?
Have read through the notes briefly - picked up a few points -
1. In section 4 facts of case it says I was contacted by phone to explain how and why the decision was made on 4/3/16 and to be asked if there was any information I wished to be considered but I had no further info to add at this time. THIS DID NOT HAPPEN - THEY DID NOT CALL ME NOR WOULD THEY HAVE BEEN ABLE TO AS I DONT USE THE PHONE. Any advice on this - is this usual practice - they lie or can I use this in my appeal in any way to support my case?
2. HP noted I has never had any thought or plans to self harm. This again is untrue I stated that I have thought about it but wouldnt do it because of my children.

I do need to go through the reports with a toothcomb to check again for any discrepancies but these are my 2 queries at present if anyone could assist please = thanks in advance.

N

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7 years 11 months ago #159086 by Gordon
Replied by Gordon on topic ESA appeal questions
Nickjb

I can understand how frustrating statements like this can be, but I would not expect your correcting either of these issues to contribute to your receiving an award at appeal.

Gordon

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

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7 years 11 months ago #159100 by Nickjb
Replied by Nickjb on topic ESA appeal questions
Ok thanks - so I don't mention them to the Appeal panel in terms of what has been recorded FACTS OF THE CASE? Not saying it will change anything but am I ok to mention it as I feel I want it noted or at least have an opportunity to point out the error.

Also regarding the SARS papers in my post = are the appeal papers my SARS papers too?
thanks
N

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7 years 11 months ago #159107 by Nickjb
Replied by Nickjb on topic ESA appeal questions
Please ignore SARs question - the last Dr's report was at the back of the info pile.
Last Drs report stated the 2 issues I presented - deafness and anxiety depression were noted as not of significant disability BUT the last sentence stated there is evidence that her mental health condition would be made worse if she were found to have limited capability for work and criteria for the application of a NFD appear to be fulfilled.
What is NFD please?
Is appears I got into support group because of my mental health issues which is really surprising since I was in a far greater state mentally at that meeting but he noted my abilities and anxieties well. At the recent one I cried the whole time through but she noted nothing of this .

My mental health is far worse now than it was a few years ago though I still feel I need to go for the deafness aspect as I feel I can show how it meets the descriptor as if I had to pick the one which is a bigger problem for me I would say my deafness. I know you say need to meet the criteria of descriptors but any advice off any of the MODS on this - I would appreciate a few different opinions if possible thanks - just we all have different experiences and that would really help :lol:

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7 years 11 months ago - 7 years 11 months ago #159122 by Gordon
Replied by Gordon on topic ESA appeal questions

Nickjb wrote: Ok thanks - so I don't mention them to the Appeal panel in terms of what has been recorded FACTS OF THE CASE? Not saying it will change anything but am I ok to mention it as I feel I want it noted or at least have an opportunity to point out the error.

Also regarding the SARS papers in my post = are the appeal papers my SARS papers too?
thanks
N


Anything request under a SAR will be handled separately from your appeal.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 11 months ago by Gordon.
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