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TOPIC: ESA Appeal

ESA Appeal 8 years 8 months ago #51540

  • Debbie
Hi
Just registered with you with little time left - my Appeal is due to be back by 23rd March (I have advised them I am awaiting support letters and they said they would noe my file that I may be a couple of days late in submitting Appeal) - I have a couple of questions:

Is it better to have a representative? I have spoken to someone who advised me I can get Welfare Rights to help but I am not able to confirm this or give any details on the GL24 - should I just leave this blank?

I am trying to put together my covering letter, which is causing me great stress and fatigue (I suffer from ME/CFS) - again I have mixed information on whether I should comment on each area, i.e. Hearing, Seeing, etc., or just a couple and also if I should send supporting letters at this stage (I have one from Occ Health saying I should be reviewed in August and one from my Doc which encloses lots of letters re tests I have had etc)?

By the way I scored 0 points at the Medical - it was noted that I was able to reach without problem and bend without problem - both of which I was unable to and refused to do during the medical!!

Any help would be mush appreciated as I have been unable to reach my local CAB or anyone else for advice!

Thanks in anticipation,
Debbie

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Re: ESA Appeal 8 years 8 months ago #51542

  • Survivor
If you can get a representative, that is likely to give you the best chance of succeeding at tribunal, but if not, don't give up, go to the tribunal and put your case forward.

We can't advise you on exactly what to put in your covering letter, but I can't see much point in referring to areas where you're not arguing you should have any points. The key thing is to argue the case for the points you think you should have.

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Re:ESA Appeal 8 years 8 months ago #51543

Debbie

I am assuming you are attempting to claim ESA.

We have a guide for appealing ESA in the Members area, follow the the "Help for Claimants" link in the orange area on the left of the screen.

It includes how to fill in the GL24, what to send with it, and what you can send later.

A good representative is definitely a plus, but you may struggle to find anybody who can attend a Tribunal with you as they are much in demand.

I also suffer from ME/CFS and scored 0 points at the medical, despite guidance on how to assess fluctuating conditions, most ATOS HCPs completely ignore them!

Please come back to the forums if you have further questions.

Gordon

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

Re:ESA Appeal 8 years 8 months ago #51544

On the question of is it better to have a representative, the answer would be yes, but only if the representative is competent. An incompetent representative could be as bad if not worse than having no representation at all. Unfortunately, it is not always possible to evaluate the competence of a representative in advance of a hearing, but on the whole a good experienced representative could certainly enhance your appeal, as indicated by the relatively high success rates when an appellant attends a hearing represented.

If you cannot obtain representation however, many appellants are still successful when unrepresented. Appeal tribunals are inclined to give unrepresented appellants more leeway when conducting their appeal, as their role is enabling and inquisitorial as opposed to adversarial. If you cannot name a representative on the GL24 it is fine to leave this section blank. Clearly time is of the essence as your hearing is next week, so if you wish to seek representation you will need to act immediately.

You can send in any letters of support from whatever source, but please be aware that any (medical) evidence has to relate to the time of the adverse ESA decision under appeal, and not beyond that date. If your existing medical condition has deteriorated, if you have a new medical condition, or if more than 26 weeks has elapsed from the date of the decision disallowing your ESA entitlement, you should consider making a new claim for ESA immediately.

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Re:ESA Appeal 8 years 8 months ago #51553

  • Debbie
Many thanks to you all for your help and advice, and yes it is ESA (sorry brain fog!!) I will keep plodding on with it all!!

Debbie

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Re:ESA Appeal 8 years 8 months ago #51554

Debbie wrote:

Many thanks to you all for your help and advice, and yes it is ESA (sorry brain fog!!) I will keep plodding on with it all!!

Debbie

Actually, I think I'm the one with the Fog, I've just noticed the title of the thread :)

Gordon

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