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ESA won at Tribunal - 0 points to 15 points!

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7 years 3 months ago #183449 by Airlane
Can I say a big thank you to all who run Benefits and Work for the invaluable guides when it comes to the ESA Tribunal written submission.

I used a sample letter and tailored it to my situation where I asked for 15 points for the Descriptor number 9 in the physical activity section of the Limited Capability for Work Descriptors, and also for qualifying for the Support Group via Descriptor 8 in the Limited Capability for Work-Related Activity Descriptors.

The Tribunal judge came across to me as wanting me to go back to work, but the doctor was more sympathetic and seemed to be convinced that everything I told him tallied up with what I stated in the appeal papers. It was when my partner told the panel how my health conditions of sleep apnoea and overactive bladder affects her when she cares for me must have moved the panel.. Also it gave me pleasure to tell the judge and doctor the lie stated by the physiotherapist who conducted my Work Capability Assessment that I never saw a specialist for my unstable bladder, even though I told him at the time the name of the hospital that treated me and the medication I took. All these factors must have led to my appeal being allowed with 15 points awarded and most importantly being placed in the Support Group for 2 years. Large back pay to come and about to claim PIP.

Thank you once again, and to all those who are going through the process - please don't give up. If you know you are right then FIGHT!

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7 years 3 months ago #183464 by Gordon
Airlane

Many congratulations, well done.

Gordon

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

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7 years 3 months ago #183501 by Airlane
Replied by Airlane on topic ESA won at Tribunal - 0 points to 15 points!
Thank you Gordon.

I have read and re-read all the feedback left by others who succeeded in getting the money they are entitled to, and this inspired me to actually state my case at the Tribunal. Although I was confident of winning, the judge seemed determined to get me to get a job. But I knew that I couldn't reliably, repeatedly and safely perform the duties which any employer required. The last sentence should be used throughout when completing forms to be sent to the DWP, in my opinion.

Just as I have been helped by others through their experiences, if mine helps someone else then we all win in the end.
The following user(s) said Thank You: Gordon

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