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11 years 4 weeks ago - 11 years 4 weeks ago #102051 by Confused
Replied by Confused on topic ESA Tribunal
I heard again from the surgery and they say they can't supply the notes. They're giving me a form so that I can ask for the documents from the hospital and then I'm supposed to give them to the surgery for them to copy. I've asked for a letter from them stating that about 12 years documents are missing but they don't seem eager to do that.
I'm now very concerned that I won't have proof for the tribunal in enough time.
Any suggestions please?
Last edit: 11 years 4 weeks ago by bro58.

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  • bro58
11 years 4 weeks ago - 11 years 4 weeks ago #102054 by bro58
Replied by bro58 on topic ESA Tribunal

Confused wrote: I heard again from the surgery and they say they can't supply the notes. They're giving me a form so that I can ask for the documents from the hospital and then I'm supposed to give them to the surgery for them to copy. I've asked for a letter from them stating that about 12 years documents are missing but they don't seem eager to do that.
I'm now very concerned that I won't have proof for the tribunal in enough time.
Any suggestions please?


Hi C,

Although historic medical evidence can help to show that a claimant's medical conditions are long standing, chronic and/or progressive, you must ask yourself whether they will help to show that your limitations qualify you for the ESA Award that you are attempting to obtain, in that you fulfill the necessary descriptors.

The Tribunal will only consider whether your limitations at the time of the adverse decision appealed, qualified you for the award that you feel that you should have received.

Not how you were several years before the adverse decision was made, or indeed how you have been since the date of the adverse decision.

If you feel that evidence is crucial to your appeal submission, you could make a request to The TS that they endeavor to obtain it.

You should be aware though that this "could" result in an adjournment, or The TS may simply not comply with your request.

bro58
Last edit: 11 years 4 weeks ago by bro58.

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11 years 4 weeks ago #102056 by Confused
Replied by Confused on topic ESA Tribunal
I certainly don't want it adjourned. I've been waiting for it since September last year. I'm trying to get as much information as I can on my own. I've tried Citizen's Advice but can't get any help from them. They're so very busy that you can wait for 3 hours and still can't be seen before they close.
I have a terrible feeling I'm going to lose the appeal because I'm so bad at expressing myself.

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  • bro58
11 years 4 weeks ago - 11 years 4 weeks ago #102061 by bro58
Replied by bro58 on topic ESA Tribunal

Confused wrote: I certainly don't want it adjourned. I've been waiting for it since September last year. I'm trying to get as much information as I can on my own. I've tried Citizen's Advice but can't get any help from them. They're so very busy that you can wait for 3 hours and still can't be seen before they close.
I have a terrible feeling I'm going to lose the appeal because I'm so bad at expressing myself.


Hi C,

Remember, ESA Tribunals should be quite informal affairs, and the two person panel, (a Doctor and a legally qualified person) will be experienced in dealing with lay appellants who have no formal representation.

Have a look at this :

MOJ Video of ESA Appeals Process and Tribunal

Unless of course, you have already viewed it. :)

bro58
Last edit: 11 years 4 weeks ago by bro58.

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