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Awaiting Result of Assessment
- Zinny
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5 years 11 months ago #231283 by Zinny
Awaiting Result of Assessment was created by Zinny
Am awaiting result of recent Assessment. If family member has ESA withdrawn we will appeal and it will be very stressful so I'm getting some information in advance. (Will use your members Appeal Guides).
1.Assessor mentioned GP report said very little. Can we ask GP for copy of form they completed?
2.He is on WRAG ESA. If he is rejected can we appeal to be placed in the Support group? Or is it safer to just appeal to remain in WRAG? If we appeal to be Support group is it possible they place him back in WRAG or might we lose everything?
3.Understand cannot apply to get ESA appeal rate until Reconsideration Decision has been received. How do we then apply for this appeal rate?
4. I understand will have to supply a FIT note from GP to get Appeal Rate(Know about your letter to give to GP in case they refuse)Can you tell me what a FIT Note says - will it be open-ended - will it give diagnosis? Have not had to provide FIT Note for years and years.
Thank you to anyone who can answer my questions.
1.Assessor mentioned GP report said very little. Can we ask GP for copy of form they completed?
2.He is on WRAG ESA. If he is rejected can we appeal to be placed in the Support group? Or is it safer to just appeal to remain in WRAG? If we appeal to be Support group is it possible they place him back in WRAG or might we lose everything?
3.Understand cannot apply to get ESA appeal rate until Reconsideration Decision has been received. How do we then apply for this appeal rate?
4. I understand will have to supply a FIT note from GP to get Appeal Rate(Know about your letter to give to GP in case they refuse)Can you tell me what a FIT Note says - will it be open-ended - will it give diagnosis? Have not had to provide FIT Note for years and years.
Thank you to anyone who can answer my questions.
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- Gordon
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5 years 11 months ago - 5 years 11 months ago #231308 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Awaiting Result of Assessment
Zonky
1. Yes, it will likely be an ESA113 and should have been included in your family member's medical notes.
2. They should challenge the Decision based on the group that they reasonably believe that they meet the criteria for. Both the MR and an appeal re-make the original Decision and can make any Decision that could have been made originally, the only difference is that the Judge of an appeal panel is required to tell the claimant if they are considering reducing or removing an award so that the claimant can withdraw the appeal, the DWP are not required to do this as part of an MR.
3. Once the appeal has been accepted by the Tribunal Service in writing then the claimant can contact the DWP and ask for the ESA Assessment rate to be paid while they wait for an appeal hearing. the rate is only payable if a Fit for Work Decision was made and this is the first time this has happened or it is the first time since an award was made.
4. The GP has a variety of options for completing the Fit Note, as long as one is issued it should not be an issue, an active Note will need to be maintained with the DWP for continued payment.
Gordon
1. Yes, it will likely be an ESA113 and should have been included in your family member's medical notes.
2. They should challenge the Decision based on the group that they reasonably believe that they meet the criteria for. Both the MR and an appeal re-make the original Decision and can make any Decision that could have been made originally, the only difference is that the Judge of an appeal panel is required to tell the claimant if they are considering reducing or removing an award so that the claimant can withdraw the appeal, the DWP are not required to do this as part of an MR.
3. Once the appeal has been accepted by the Tribunal Service in writing then the claimant can contact the DWP and ask for the ESA Assessment rate to be paid while they wait for an appeal hearing. the rate is only payable if a Fit for Work Decision was made and this is the first time this has happened or it is the first time since an award was made.
4. The GP has a variety of options for completing the Fit Note, as long as one is issued it should not be an issue, an active Note will need to be maintained with the DWP for continued payment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 5 years 11 months ago by Gordon.
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- Zinny
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5 years 11 months ago #231469 by Zinny
Replied by Zinny on topic Awaiting Result of Assessment
I also want to ask -
1. Can two people attend the Appeal with the family member who is appealing? The representative or Advocate plus a relative?
2. When writing out reasons for requesting a Mandatory Reconsideration must it include everything that you would submit if it has to go to First Tier Tribunal. In other words if rejected and you go on to Tribunal can you submit new evidence or new information that was not submitted to the Mandatory Reconsideration. I am thinking if only have a month to prepare the Mandatory Reconsideration we might not get everything needed.
3. I understand that going to the face to face First Tier Tribunal gives the best chance of getting ESA restored but my family member would find this very difficult. Would it be accepted that the Advocate (and relative if allowed to attend) would speak and supplement anything the Family member said. And at the beginning of Appeal could the Advocate, or relative, explain that the family member will find the whole process very difficult. I know you can just appeal by letter or paper but don't expect there is a high success rate.
Thanks in advance.
1. Can two people attend the Appeal with the family member who is appealing? The representative or Advocate plus a relative?
2. When writing out reasons for requesting a Mandatory Reconsideration must it include everything that you would submit if it has to go to First Tier Tribunal. In other words if rejected and you go on to Tribunal can you submit new evidence or new information that was not submitted to the Mandatory Reconsideration. I am thinking if only have a month to prepare the Mandatory Reconsideration we might not get everything needed.
3. I understand that going to the face to face First Tier Tribunal gives the best chance of getting ESA restored but my family member would find this very difficult. Would it be accepted that the Advocate (and relative if allowed to attend) would speak and supplement anything the Family member said. And at the beginning of Appeal could the Advocate, or relative, explain that the family member will find the whole process very difficult. I know you can just appeal by letter or paper but don't expect there is a high success rate.
Thanks in advance.
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5 years 11 months ago #231472 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Awaiting Result of Assessment
Zonky
1. Yes, but contact the Clerk of the Court in advance of the hearing to check that there is space and seating.
2. No, you can provide new testimony and evidence for the appeal/
3. This shouldn't be a problem but I would write a short letter explaining this and give it to the Clerk when you arrive for the hearing, for them to give to the panel. Trying to do it at the start of the hearing relies on the Judge giving the opportunity to do so which they might not.
Gordon
1. Yes, but contact the Clerk of the Court in advance of the hearing to check that there is space and seating.
2. No, you can provide new testimony and evidence for the appeal/
3. This shouldn't be a problem but I would write a short letter explaining this and give it to the Clerk when you arrive for the hearing, for them to give to the panel. Trying to do it at the start of the hearing relies on the Judge giving the opportunity to do so which they might not.
Gordon
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5 years 11 months ago #231475 by Zinny
Replied by Zinny on topic Awaiting Result of Assessment
Sorry - need to ask another question - not sure if it is covered in the Guides. Would we be offered a choice between a paper appeal or a face to face appeal? Or do we have to go through both?
Again - thanks for the help you offer.
Again - thanks for the help you offer.
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- Gordon
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5 years 11 months ago #231490 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Awaiting Result of Assessment
Zonky
It's your family member's choice, they can choose an Oral hearing and then switch to a Paper one if they decide they can't manage to attend, in principle, they can do it the other way around but as the claimant is not notified of a Paper hearing, just the Decision that results this may happen before they get a chance to switch.
For an Oral hearing, the claimant's submission and evidence should be with the Tribunal Service no later than two weeks before the hearing, for a Paper hearing it must be with the TS within one month of the date on the letter that accompanies the DWP submission.
Gordon
It's your family member's choice, they can choose an Oral hearing and then switch to a Paper one if they decide they can't manage to attend, in principle, they can do it the other way around but as the claimant is not notified of a Paper hearing, just the Decision that results this may happen before they get a chance to switch.
For an Oral hearing, the claimant's submission and evidence should be with the Tribunal Service no later than two weeks before the hearing, for a Paper hearing it must be with the TS within one month of the date on the letter that accompanies the DWP submission.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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