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Esa Appeal -new support ing evidence

  • saturnine84
  • Topic Author
12 years 1 month ago - 12 years 1 month ago #101578 by saturnine84
Esa Appeal -new support ing evidence was created by saturnine84
Hello, I'm new to this so please bear with me. I have been on incapacity benefit for a number of years in January this year I received a ESA50 to fill in to migrate over. With help from a welfare officer from a charity for cfs which I suffer (also have fibromyalgia and vasovagal and depression). I received a letter informing me that I had been put on the wrag cb. I want to take this to appeal as I feel I sould be in the support group under the 1. ii descriptor (I even stated this on my form that i could not do this) I also feel that being on wrag could be my health worse.
Now for my question, with my form I sent some letters which consultants had give me in the past as I did not have time to be re refered to get another letter. Now that im appealing should I get a re referal and optain newer letters? Can these be used at appeal?

Many thanks
Last edit: 12 years 1 month ago by Gordon.

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12 years 1 month ago - 12 years 1 month ago #101581 by Gordon
Replied by Gordon on topic Esa Appeal -new support ing evidence

saturnine84 wrote: Hello, I'm new to this so please bear with me. I have been on incapacity benefit for a number of years in January this year I received a ESA50 to fill in to migrate over. With help from a welfare officer from a charity for cfs which I suffer (also have fibromyalgia and vasovagal and depression). I received a letter informing me that I had been put on the wrag cb. I want to take this to appeal as I feel I sould be in the support group under the 1. ii descriptor (I even stated this on my form that i could not do this) I also feel that being on wrag could be my health worse.
Now for my question, with my form I sent some letters which consultants had give me in the past as I did not have time to be re refered to get another letter. Now that im appealing should I get a re referal and optain newer letters? Can these be used at appeal?

Many thanks


Yes you can, however, it is essential that these new letters make it clear that they are referring to your condition at the time of the Decision you are appealing, if they do not, then you run the risk of them being excluded, as they will be seen as being in relation to your condition since the Decision, which cannot be included in any appeal.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 1 month ago by Gordon.

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  • saturnine84
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12 years 1 month ago - 12 years 1 month ago #101583 by saturnine84
Replied by saturnine84 on topic Esa Appeal -new support ing evidence
Ok thank you so I will have to tell the consultant to put pre February my condition was ....
I have also found out that my gp was not contracted nor did I have a medical by ATOS, is this normal?
Last edit: 12 years 1 month ago by Gordon.

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12 years 1 month ago #101588 by Gordon
Replied by Gordon on topic Esa Appeal -new support ing evidence

saturnine84 wrote: I have also found out that my gp was not contracted nor did I have a medical by ATOS, is this normal?


Unfortunately, yes :(

Gordon
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  • saturnine84
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12 years 1 month ago #101592 by saturnine84
Replied by saturnine84 on topic Esa Appeal -new support ing evidence
Thank you very much. I very intimidated asking a consultant for evidence and directing them on what it needs to contain. Is something they are used to? Is there any guide s on this?

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12 years 1 month ago #101596 by Gordon
Replied by Gordon on topic Esa Appeal -new support ing evidence

saturnine84 wrote: Thank you very much. I very intimidated asking a consultant for evidence and directing them on what it needs to contain. Is something they are used to? Is there any guide s on this?


Not really, just explain that you want to use the report as part of your evidence for an appeal, neither the DWP nor the Tribunal Service will contact them directly, so you are reliant on the report they are producing, but for it to be accepted then it must be clear that the content is referring to how you were when you were assessed on date (?).

Hopefully they will understand and will help.

Gordon
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