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ESA tribunal or not
- lynn
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5 years 3 months ago #243043 by lynn
ESA tribunal or not was created by lynn
Hello there so I won mandatory reconsideration . But that exhausted by the constant stress I would like to know if I have a chance to ask tribunal for longer award for support group . Not even got award yet just letter from DM . So can I use letter for tribunal .as i only had that the 2 January 2020. Yet despite this they are assessing me again October . 2020. Even though my nurosurgeon tells them it will be years before healing occurs ,so between health centre losing my documents ,being assessed by a physio with no qualifications as a doctor ,says am fit to work. So i removed from support group into wrag , Mr overturned placed back in support group . Yet they still insist on assessing me very often . So I wonder to go and see an tribunal which shows how devious the health assesment was . The DM said he believed the applicant . Yet I feel I need to show tribunal what us vaunrable people are put through . Are shall I ring back DWP and say I want longer award as my condition will be the same with mobility issues as stated by consultants letter . Can you ask DM for longer award to avoid tribunal .sorry long rant
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- BIS
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5 years 3 months ago #243046 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic ESA tribunal or not
Hi Lynn
Congratulations on winning your mandatory reconsideration The problem with ESA is that claimants are assessed usually after, one, two or three years. There are a small number of people where it has been decided that they should not be assessed again. You can appeal for a longer time, but I can't tell you whether you will be successful or not. The decision has been made so you won't get it overturned without going to appeal.
BIS
Congratulations on winning your mandatory reconsideration The problem with ESA is that claimants are assessed usually after, one, two or three years. There are a small number of people where it has been decided that they should not be assessed again. You can appeal for a longer time, but I can't tell you whether you will be successful or not. The decision has been made so you won't get it overturned without going to appeal.
BIS
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- Gordon
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5 years 3 months ago #243048 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA tribunal or not
Lynn
ESA is an indefinite award so the time between reassessments is an operational decision, not a legal one, so you cannot appeal for a longer award as a Tribunal has no legal authority to set one.
Gordon
ESA is an indefinite award so the time between reassessments is an operational decision, not a legal one, so you cannot appeal for a longer award as a Tribunal has no legal authority to set one.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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