× Members

ESA appeal 'bundle' from DWP

More
12 years 3 months ago #80940 by lindat
ESA appeal 'bundle' from DWP was created by lindat
two letters sent by me are not in the bundle. one of these is my response to the DMs reasons and the ESA85a which I didn't recieve untill after I'd sent the gl24.
On this I added 2 more reasons for my appeal on top of what was sent with the gl24.
They do not address these at all so they are acting as if they did not recieve them. should I contact them? or just add that info to the rest I have to send to the tribunal? thanks in advance :)

Please Log in or Create an account to join the conversation.

More
12 years 3 months ago #80941 by Gordon
Replied by Gordon on topic Re:ESA appeal 'bundle' from DWP
Linda

Everything you send to the Tribuinal Service will be copied to the DWP.

You might want to include a covering letter explaining that the letters are absent, when they were sent, that you have had no reply, and that they do not appear to have been considered by the Decision Maker.

Gordon

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

Please Log in or Create an account to join the conversation.

  • bro58
12 years 3 months ago - 12 years 3 months ago #80942 by bro58
Replied by bro58 on topic Re:ESA appeal 'bundle' from DWP
lindaturner wrote:

two letters sent by me are not in the bundle. one of these is my response to the DMs reasons and the ESA85a which I didn't recieve untill after I'd sent the gl24.
On this I added 2 more reasons for my appeal on top of what was sent with the gl24.
They do not address these at all so they are acting as if they did not recieve them. should I contact them? or just add that info to the rest I have to send to the tribunal? thanks in advance :)


Hi LT,

If there are any documents missing from the bundle that you feel are relevant, It would be advisable to send copies to the Tribunal, and the DWP, with relevant comments, as in, you wish them to be considered as evidence in your appeal.

As always, keep copy, and post by recorded delivery.

See :

Adding pages to your submission

bro58

MOD EDIT : see Gordon's comments also.
Last edit: 12 years 3 months ago by bro58. Reason: As above

Please Log in or Create an account to join the conversation.

More
12 years 3 months ago #80946 by lindat
Replied by lindat on topic Re:ESA appeal 'bundle' from DWP
thanks guys.
the reconsideration done was a farce... they clearly didn't read my ESA50 as quote me as writing, or rather not writing something that is clear to see in black and white :blink: on the ESA50 'sigh'
on the other point, mobilising, I stupidly put 'walk' instead of mobilise... but did go on to say several times that I could not self propel and why... but they say I can :blink:
I did find staggering that the reponse to my request on the ESA50, repeated in my appeal form that they get my medical records was that 'specialists and GPs opinion that a person remains incapable of work related activity is not relevant to the determination of ESA with regard to the ability to undertake work related activity.' end of quote :blink:

Please Log in or Create an account to join the conversation.

More
12 years 3 months ago #80948 by Gordon
Replied by Gordon on topic Re:ESA appeal 'bundle' from DWP
lindaturner wrote:

I did find staggering that the reponse to my request on the ESA50, repeated in my appeal form that they get my medical records was that 'specialists and GPs opinion that a person remains incapable of work related activity is not relevant to the determination of ESA with regard to the ability to undertake work related activity.' end of quote :blink:

The DWP take the position that Consultants and GPs are not trained in "disability assessment" and therefore are totally incapable of rendering an opinion in this area.

Unfortunately, Consultants and GPs do not help the situation by discussing patients conditions in general terms, if only they would reference the ESA descriptors more frequently (or at all), the DWPs position might be undermined.

Gordon

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

Please Log in or Create an account to join the conversation.

More
12 years 3 months ago #80951 by lindat
Replied by lindat on topic Re:ESA appeal 'bundle' from DWP
I know but that a DM or HCP who have never met me and not seen my medical records or contacted my GP know more about my abilities than my GP?? really does leave me speechless :S
I send everything recorded and have copy of electronic signature for both letters... but as I now know this just means its been signed for by a royal mail employee in the department that opens all our ESA and DLA mail are they really of any use? clearly they never got to a DM.
[benefit of the doubt ;) ]
oh well and so it goes on :(
thanks again Gordon, you guys rock :cheer:

Please Log in or Create an account to join the conversation.

Moderators: bro58GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.