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ESA Appeal Tribunal
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6 years 2 months ago #208745 by HK
ESA Appeal Tribunal was created by HK
I am just trying to get my paperwork together for an appeal against the Mandatory Reconsideration decision to uphold the 0 points I was awarded for my Health Assessment.
Thank you for your guides which have be!en immeasurably helpful!
The process is still extremely daunting and I have 2 questions on points I wish :
to claify:
1) Is it a good idea to send the evidence that I already have when I submit my appeal form with a clear message that there will be further evidence to follow or is it better to wait and send it all together?
2) The local Citizen's Advice have been very helpful and arranged an appointment with a trained adviser to go through my submission, but unfortunately cannot offer an advocate for the tribunal. I feel intimidated going into it on my own so is it a good idea to ask a friend to act as advocate or is that really only effective if they are an expert on benefits?
Many thanks
Thank you for your guides which have be!en immeasurably helpful!
The process is still extremely daunting and I have 2 questions on points I wish :
to claify:
1) Is it a good idea to send the evidence that I already have when I submit my appeal form with a clear message that there will be further evidence to follow or is it better to wait and send it all together?
2) The local Citizen's Advice have been very helpful and arranged an appointment with a trained adviser to go through my submission, but unfortunately cannot offer an advocate for the tribunal. I feel intimidated going into it on my own so is it a good idea to ask a friend to act as advocate or is that really only effective if they are an expert on benefits?
Many thanks
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- Gordon
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6 years 2 months ago #208800 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Appeal Tribunal
H
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
1. If you are going to send a submission separately from the SSCS1 then I would keep everything together and only send the minimum with the request form. This also has the advantage that you can reference the evidence in your testimony for the submission.
2. I would certainly encourage you to have someone with you at the hearing if only to offer moral support, but unless they have an understanding of your claim, the law and any applicable Case Law then you should not put them forward as a Representative or advocate.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
1. If you are going to send a submission separately from the SSCS1 then I would keep everything together and only send the minimum with the request form. This also has the advantage that you can reference the evidence in your testimony for the submission.
2. I would certainly encourage you to have someone with you at the hearing if only to offer moral support, but unless they have an understanding of your claim, the law and any applicable Case Law then you should not put them forward as a Representative or advocate.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: HK
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- HK
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6 years 2 months ago #209083 by HK
Replied by HK on topic ESA Appeal Tribunal
Many thanks for your reply.
If I could ask another question please... I asked my GP to write a letter to support my appeal. He declined because he said the DWP will contact the surgery to request medical evidence, I might be reading too much into it and when I receive paperwork from DWP it will include information from my GP, but the way he said it makes me think the DWP haven't contacted him.
GP has printed off notes from my last appointment when we discussed my symptoms and options in detail, but I'm now really worried that I won't have any medical evidence to help my appeal. Medical evidence for CFS/ME is slight anyway - more a case of having ruled everything else out.
I don't know if I should give up on the appeal because in essence I have so little new evidence to support my case - these notes from GP, an occupational health report from last year, (hopefully a letter from my former manager) and letters from a couple of voluntary groups I am involved with. The rest is anecdotal evidence from me (supported by my daughter) about how the illness affects my day to day living, pain levels etc. This hasn't got me anywhere so far. I feel I should appeal, but don't want to put myself through that ordeal if there's little or no chance of success and I will be made to feel I'm a liar and wasting their time
If I could ask another question please... I asked my GP to write a letter to support my appeal. He declined because he said the DWP will contact the surgery to request medical evidence, I might be reading too much into it and when I receive paperwork from DWP it will include information from my GP, but the way he said it makes me think the DWP haven't contacted him.
GP has printed off notes from my last appointment when we discussed my symptoms and options in detail, but I'm now really worried that I won't have any medical evidence to help my appeal. Medical evidence for CFS/ME is slight anyway - more a case of having ruled everything else out.
I don't know if I should give up on the appeal because in essence I have so little new evidence to support my case - these notes from GP, an occupational health report from last year, (hopefully a letter from my former manager) and letters from a couple of voluntary groups I am involved with. The rest is anecdotal evidence from me (supported by my daughter) about how the illness affects my day to day living, pain levels etc. This hasn't got me anywhere so far. I feel I should appeal, but don't want to put myself through that ordeal if there's little or no chance of success and I will be made to feel I'm a liar and wasting their time
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- Gordon
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6 years 2 months ago #209098 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Appeal Tribunal
HK
You need to ask yourself whether your GP's refusal is because they don't understand the process, the DWP are not going to source any new evidence at the appeal stage, or, whatever the actual reason they are not going to provide you with support for your appeal.
As to your continuing with the appeal, have a look at the following
www.benefitsandwork.co.uk/news/3730-69-o...-pip-and-esa-appeals
www.benefitsandwork.co.uk/news/3688-most...enior-tribunal-judge
Don't assume that you need new evidence, I know the DWP cite this as the primary reason why Decisions are overturned as appeal but that is more often because they claimant hasn't done this with the original claim.
Medical evidence is important but it rarely addresses the ESA activities directly, so you are always going to have to explain how your are actually effected and this is always the most important thing.
Gordon
You need to ask yourself whether your GP's refusal is because they don't understand the process, the DWP are not going to source any new evidence at the appeal stage, or, whatever the actual reason they are not going to provide you with support for your appeal.
As to your continuing with the appeal, have a look at the following
www.benefitsandwork.co.uk/news/3730-69-o...-pip-and-esa-appeals
www.benefitsandwork.co.uk/news/3688-most...enior-tribunal-judge
Don't assume that you need new evidence, I know the DWP cite this as the primary reason why Decisions are overturned as appeal but that is more often because they claimant hasn't done this with the original claim.
Medical evidence is important but it rarely addresses the ESA activities directly, so you are always going to have to explain how your are actually effected and this is always the most important thing.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: HK
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6 years 2 months ago #209420 by standswithafist
Replied by standswithafist on topic ESA Appeal Tribunal
I wonder if I can offer a few words of support. I have ME and won my appeal at tribunal for PIP high rate care, standard Mobility and recently reassessed for ESA. I know how stressful and exhausting it can be.
Firstly, yes, take someone with you to Court,make it clear who they are, it is daunting and you will still have to get home safely afterwards.
Secondly, there is no divinities diagnostic test (yet) for ME, but as you appear to have experienced the longevity required of 4 months, have had other illnesses excluded and fit the symptoms AND your GP thinks you have ME, then that is likely to be sufficient for the Court.
Remember evidence can include any prescribed medication, or any receipts for medication or supplements eg analgesia, altered diet eg Soya milk, lactobacillus acidophilus, or any treatment that gives you symptomatic relief e.g reflexology.
Keeping an activity diary for 2 weeks helps with clarification of the impact the activity has on you.
The Judge and panel are being given the opportunity to question you, answer honestly and openly as best you can.
Remember that ESA is a benefit you are claiming because you are not well enough to work/earn money.
Good luck.
Firstly, yes, take someone with you to Court,make it clear who they are, it is daunting and you will still have to get home safely afterwards.
Secondly, there is no divinities diagnostic test (yet) for ME, but as you appear to have experienced the longevity required of 4 months, have had other illnesses excluded and fit the symptoms AND your GP thinks you have ME, then that is likely to be sufficient for the Court.
Remember evidence can include any prescribed medication, or any receipts for medication or supplements eg analgesia, altered diet eg Soya milk, lactobacillus acidophilus, or any treatment that gives you symptomatic relief e.g reflexology.
Keeping an activity diary for 2 weeks helps with clarification of the impact the activity has on you.
The Judge and panel are being given the opportunity to question you, answer honestly and openly as best you can.
Remember that ESA is a benefit you are claiming because you are not well enough to work/earn money.
Good luck.
The following user(s) said Thank You: HK
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6 years 2 months ago #209421 by standswithafist
Replied by standswithafist on topic ESA Appeal Tribunal
Blooming auto correction!
Definitive not divinities, lol.
Definitive not divinities, lol.
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