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Coded message from Tribunal judge?

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12 years 3 months ago #79201 by BeaBea
Coded message from Tribunal judge? was created by BeaBea
I won my ESA tribunal today but was put in the WRAG group & not the Support group as I hoped. I argued that I qualified for the SG as I have a bodily disablement ( a type of Cerebral Palsy) & my health would be at risk if I was found not to be exempt from work related activity. (Aging process making Spasticity in arm/leg/hips seriously bad)The judge
said there was no evidence from GP or hospital to show this in the case bundle. This was my second ESA appeal ( won 1st one as well & put into WRAG, that's all I expected then, not having read SG criteria) Medical papers were previously submitted & I foolishly believed that DWP would refer to these to make their decision.

Unfortunately the DWP couldn't locate them so I passed a message to them from my GP that he would supply info if they wrote to him. They didn't. The judge seemed to say that had(the same info) been in the case papers I would have got in the SG. Should I appeal against the tribunal decision or obtain the info again & ask DWP for a reconsideration after the tribunal appeal period has lapsed?

As an aside, the judge said that it's not the name of your condition but how it affects you that gets you points (fair enough) Then he said I was very motivated (I live alone so HAVE to do certain things i.e. answer the front door/phone or shop/ put the bin out etc) regardless of pain levels. Believe me there are many days when I don't feel like doing these essential chores. He said that some people with the same problems might not push themselves as much and yet can be awarded points as they say they cannot do things. I felt a bit put out, as if I was being penalised for striving to achieve things, while others get more for choosing to do less. Crazy system!

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  • Survivor
12 years 3 months ago #79202 by Survivor
Replied by Survivor on topic Re: Coded message from Tribunal judge?
If you want to appeal a tribunal decision, you will need to show that there has been an error of law.

For an explanation of this, see here .

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