Help advice/needed

tabby026 wrote: My wife was placed in the WRG of ESA and it is now going to tribunal as we think she should be in the support group.

She has cerebral palsy which she was awarded 9 points for, however her cerebral palsy also means she has a damaged nervous system and clenches her teeth together really badly at night, which gives her severe vertigo and associated symptoms.

I will try and answer your questions point by point

Should we appeal against the mobility descriptor or reduced awareness of everyday hazards?

I am afraid we cannot advise members what they should do, only provide them with information that allows them to make their own informed decisoins.

Your appeal is for her to be placed in the Support Group, this can be for one or multiple reasons, so you are not limited to choosing only one descriptor that you think apply.

Does the reduced awareness of everyday hazards now only apply to people who have a cognitive impairment or mental disorder?

Assuming that you are appealing a Decision made last year, then the descriptors in effect at that time will apply, these are covered in the guides under the heading 'Old' ESA50 form, decision before 28 Jan 2013

Where can I get a copy of the latest up to date descriptors?

See above

What sort of questions are they likely to ask her at the tribunal?

Your wife will be asked about her condition(s) and how theye affect her on a day to day basis, these questions will be inthe context of both the WRAG and SG descriptors.

If we can get any more evidence do we send it in before the tribunal or take it with us on the day?

Wherever possible you should always send evidence and submission in advance (two weeks at the latest), of your hearing, as the TS will need to copy it and distribute to all parties, failing to do so can result in the hearing be adjourned or the evidence not be accepted on the day.

The practice manager of my surgery phoned the tribunal service to ask what extra gp evidence was required and they told her that on my wife’s first visit no evidence is usually sought and that she will have to go to tribunal two or three times which seems like a totally waste of time.

How many times on average does an individual have to go to the tribunal?

Under normal circumstances there will be one hearing. I cannot understand why the TS have made the comment they did! There is no point your GP contacting the TS as to what evidence they need to see, as they will not provide an answer, it is your responsibility to collect and provide appropriate evidence.

We are getting very confused as we are getting loads of conflicting information.

If you have not already done so, please refer to our ESA Appeal guide.

We have written a letter to our MP, as we think she should be informed on what a joke this whole system is.

MPs can usually expidite matters and focus attention on your claim but cannot interfere in the legal process, so do not expect too much from them.

If you have more questions, please reply to this topic.

Gordon

Gordon

tabby026 wrote: Thanks for your response, regarding the descriptors she was first put on ESA in Dec 2011 and put in the WRG in July 2012. So have they changed the descriptors for new claimants?

The descriptors and some of the Regulations were changed at the end of January, but these changes do not apply to your case, only claims where a Decision is made from now on.

Are the questions they ask at trial inappropriate in any way?

I am not sure what you mean by innapropriate, but if you mean embarassing, then yes there is a definite possibility, for example; if your wife has incontinence issues, then she should expect to be asked about this in some detail.

she would like to send the following evidence to the tribunal:
How it affects her day to day - life limitations.
medication and side effects
what tried to do to get better (when we phoned the tribunal they said it was important to say all the things we have tried to do)
what disputing from the DWP bundle.
Evidence from:
private osteopath report
neurologist report (appointment on 18th March)
Maxio Facial report (appointment on 1st March)
Internet evidence of condition?

You are entitled to send whatever information that you believe is relevant to your claim

Her gp was never asked for a EA113 form and just sent the DWP a few lines that did not explain her condition fully. She asked last week for him to do a report for her and he said he can do her a letter, but should she print out an EA113 GP form and ask him to complete that as well?

The ESA113 is a DWP issued document, it would be innapropriate for your GP to complete this form if it was provided by yourselves, however, there is nothing stopping you giving your GP a form you have created, of similar design, if you believe that it will make it easier for them to complete, or will result in a more accurate and relevant report (relevant as in referencing the ESA descriptors).

If she has not collected all evidence by tribunal date (the tribunal say its likely to be end March - April can she phone/write to the tribunal and ask for a postponement?

She can ask, but I think it very unlikely that it will be granted, the court will take the view that you have had 9 months to provide this information, were the waiting time not so long, you would normally have one month!

Will they compare her DLA form at the tribunal? - awarded highest rate mobility and last year awarded highest rate of care (was on low care when initial ESA50 questionnaire was filled out)

Her DLA form will be part of the evidence. it is likely that it will be used to form their questions at least in part.

Gordon