Appeal Submission - WRAG to SG

Finally got letter from GP after requesting one mid November, now preparing the submission for my appeal at the end of Feb, some advice needed.

I have received the evidence bundle from the DWP, simply says I scored 15 points so have LCW but met none of the descriptors so do not have LCWRA, not very helpful when trying to prepare for an appeal. Is it reasonable then to go over why you feel that you meet the SG descriptors and indicate the evidence you are producing to support this?

I have had 2 hospital appts recently so will be submitting the 2 clinic letters together with the additional more detailed letter from my GP as supporting evidence. Since the DWP have not seen these would it be worthwhile sending these, or maybe the whole appeal submission, to the DWP as well as the Tribunal Service? Do they ever look at claims again between reconsideration (refused) and appeal?

Do the HCP and DWP view evidence from a private Physio differently than an NHS one? I see a physio privately as he has experience of the particular complicated surgery I have had, and is very much ‘hands on’ which is what I need. I have also been told; on more than one occasion by NHS Physios, that they were not interested in treating me as my condition is chronic. He wrote a detailed letter in support which up to now seems to have been completely ignored.

I have been in receipt of HRM for nearly 30 years (made indefinite in 1990) and LRC since 2008 (indefinite), I did not specifically mention this on my ESA50 as I appreciate the criteria are different. Should I make the Tribunal aware of this fact?

With a 2 person panel how does it work if there is a difference of opinion between the 2 members?

Finally, my submission looks like being around 4 A4 typed pages with approx 10 pages of additional evidence. I have numbered my major points and referred to the supporting evidence (some is in the evidence bundle, some is new and in some instances I am actually referring to comments in the HCP report which support my case!!!). Is that concise enough or should I try to condense it further?

Sorry for the lengthy post but thought it was easier to put all by questions in one place. This process has now gone on for over a year and is proving very stressful, many thanks to this site for all your help and valuable advice.

Many Thanks

Hi Gordon

Many thanks for your information/advice, I think you have covered all my queries. Re the clinic letters, they do refer to a fall I had just after my 'conversion'. I appreciate the problems that have ensued after this have to be ignored, but they still make reference to my long standing mobility issues. I have further clinic appts the week before the tribunal. I am using the part relating to my fall as an example of the substantial risk I always have of falling and causing physical harm to myself, I have complicated knee problems together with Osteoporosis, not a good combination.

Just to clarify, should I send the submission and additional evidence to the DWP or will the Tribunal Service do this?, my appeal is 24 Feb so I will get everything off early next week in plenty of time.

Thanks again.

Thanks Gordon

I will post again if I get any other questions as I produce the submission, it is amazing what questions come to light as you start producing it.

Many thanks once again.

Further query re appeal submission. I am appealing on the grounds that I meet one or more of the SG descriptors and using exceptional circumstances as a back up. I also feel that I was not a 'Notified Person' as per the regulations, my conversion process started January 2012. I would rather win my appeal on medical grounds and not on a technicality which would mean me going through the whole process again, if they accepted this argument, so I was not going to deal with the conversion letter issue in the appeal.

Question, If I lost the appeal, could I still raise the conversion letter issue or does the fact that I have not mentioned it in my initial appeal mean I cannot raise it later?

Many Thanks