Out of my depth!

A friend of mine with multiple health problems got 0 points for ESA on mifration from IB - she filled in the ESA50 on her own and only came to me for help when she recieved the 'fit for work' decision.

I helped her write her appeal submission, showing how she met the Support Group descriptors in 2 or 3 places. She aqlso sent in letters of support from myself, her husband and GP - the GP letter, in particular, was really good and related directly to the descriptos as well as saying that she believed my friend, S, was not fit for work or work related activities.

The result of the recon arrived at the weekend - no change. The DM says that there is a big difference between the ESA50 and the HCP report compared with the appeal submission and he believes that the earliest statement is more likely to be the truth. The letters of support are said to be 'well meaning but not unbiased'.

We explained, in the appeal submission, that my friend had not understood that she should answer 'no' if she could not complete an activity regularly, reliably, safely and without significant pain/exhaustion. There is nowhere that this is made clear t0 claimants. The HCP report is as you might expect!

I am now feeling totally out of my depth - there is really no other help available locally and I dread the thought of writing another submission for the tribunal and then attending with her I guess I now need to emphasise why the ESA50 and appeal submission are so different and discredit the HCP report in order to get the tribunal to give any weight to the original appeal submission?



To put the icing on the cake, the froms for my own DLA renewal arrived here the same day

Mrs Hurtyback wrote: A friend of mine with multiple health problems got 0 points for ESA on mifration from IB - she filled in the ESA50 on her own and only came to me for help when she recieved the 'fit for work' decision.

I helped her write her appeal submission, showing how she met the Support Group descriptors in 2 or 3 places. She aqlso sent in letters of support from myself, her husband and GP - the GP letter, in particular, was really good and related directly to the descriptos as well as saying that she believed my friend, S, was not fit for work or work related activities.

The result of the recon arrived at the weekend - no change. The DM says that there is a big difference between the ESA50 and the HCP report compared with the appeal submission and he believes that the earliest statement is more likely to be the truth. The letters of support are said to be 'well meaning but not unbiased'.

We explained, in the appeal submission, that my friend had not understood that she should answer 'no' if she could not complete an activity regularly, reliably, safely and without significant pain/exhaustion. There is nowhere that this is made clear t0 claimants. The HCP report is as you might expect!

I am now feeling totally out of my depth - there is really no other help available locally and I dread the thought of writing another submission for the tribunal and then attending with her I guess I now need to emphasise why the ESA50 and appeal submission are so different and discredit the HCP report in order to get the tribunal to give any weight to the original appeal submission?



To put the icing on the cake, the froms for my own DLA renewal arrived here the same day

Sorry to hear this MHB.

bro58

Thanks guys, we are away in Paris this weekend so I am going to forget about everything until I get back


Sorry, I forgot to say that it was an 03/11 ESA50 and the original decision was made in December.

MrsHB,

I was interested in your dilemma, as I have a not dissimilar scenario. I made a big mistake on my ESA50, which my husband and I managed to compound at my WCA f2f for migration from IB to ESA! Despite this, I managed to score 12 points and am appealing the decision, fortunately, with the assistance of my local authority benefits officer, as I am in receipt of their home care services. The aforesaid, very experienced, officer, having studied my paperwork, duly informed me that I had grossly over estimated the distance I can mobilise, in relation to the size of my back garden. To relate this to your friend"s situation, my ESA50 and f2f contradict the information put forward as the major grounds for my appeal by the benefits officer. However, we have been able to provide documentary evidence as to the exact size of my back garden, which she hopes the DM will accept as proof of a genuine mistake on my part and, therefore, award me points relevant to the true distance I am able to mobilise. We will, however, wait to see as I am still waiting to hear the progress of my appeal, which was submitted at the end of October, 2012.

I wish your friend every good wish and, with you at her side, I am confident that justice will prevail. I will post the eventual outcome of my appeal and will be watching for progress on that of your friend.

Good luck!


S

Thanks Spridgett!