esa appeal submission.. some questions

hi there, tackling my esa appeal submission... (wrag to support)
got a few questions

1)is there a time limit on the submission? i think i just read 1 month from receiving the papers. I got them in beginning of feb, but havent had a date for appeal yet

2)Who is the DM? ie "the decision maker carried out an assessment of XXXXX 's limited capability for work related activity based on all the available evidence"

3)states in the schedule of evidence that there is a decision makers score sheet...Should I have a score sheet?? the pages they refer to as being the score sheet are a ESA85A... medical report form ( i have never had a medical)...this report seems to then list under justification of advice all the descriptors with does not, meet- despite me giving accounts that i do meet them and medical evidence to support.


4)any tips on the Structure of submission?.. there are inaccuracies throughout.. what the best way of highlighting them?

I wrote a pretty comprehensive letter again emphasising of the descriptors that i meet when in a covering letter I wrote for requesting an appeal ( as i did originally in the ESA500)... not sure how else i differently tell them the same thing again?
Seems that they have discounted my accounts of my difficulties , on the basis of what??
They have made no attempt to get evidence on which to discount my accounts from my Gp or any other healthcare proffessional i have listed or asked me to attend a medical

nik wrote: hi there, tackling my esa appeal submission... (wrag to support)
got a few questions

1)is there a time limit on the submission? i think i just read 1 month from receiving the papers. I got them in beginning of feb, but havent had a date for appeal yet

2)Who is the DM? ie "the decision maker carried out an assessment of XXXXX 's limited capability for work related activity based on all the available evidence"

3)states in the schedule of evidence that there is a decision makers score sheet...Should I have a score sheet?? the pages they refer to as being the score sheet are a ESA85A... medical report form ( i have never had a medical)...this report seems to then list under justification of advice all the descriptors with does not, meet- despite me giving accounts that i do meet them and medical evidence to support.


4)any tips on the Structure of submission?.. there are inaccuracies throughout.. what the best way of highlighting them?

I wrote a pretty comprehensive letter again emphasising of the descriptors that i meet when in a covering letter I wrote for requesting an appeal ( as i did originally in the ESA500)... not sure how else i differently tell them the same thing again?
Seems that they have discounted my accounts of my difficulties , on the basis of what??
They have made no attempt to get evidence on which to discount my accounts from my Gp or any other healthcare proffessional i have listed or asked me to attend a medical

Hi n,

Having read back on your previous posts, it seems that you have appealed, and the adverse decision was not changed in your favour, and has therefore been sent to The Appeals TS.

1) As I am assuming that you are referring to the "Submission" to The TS, you should provide this at your earliest opportunity, and certainly if at all possible no later than a week or so before the hearing.

2) The DM is The DWP ESA Decision Maker, this would be the person who reconsidered your appeal, before sending it forward to The TS.

"the decision maker carried out an assessment of XXXXX 's limited capability for work related activity based on all the available evidence"

This means that the DM has assessed you as to whether you have Limited Capability for Work Related Activity, (LCWRA).

To be placed into The SG, you must be assessed as having LCWRA.

3) There is generally only a score sheet when a face to face has taken place. In this instance an ESA85 medical report would have been generated.

An ESA85A is generated when a face to face does not take place and the claimant is assessed on paper evidence alone.

This does not generally include any scores though, it simply states which of the WRAG or SG Descriptors may or may not apply to the claimant.

4) Try and keep your TS Submission to one or two A4 sides at the most.

Make it as concise and to the point as possible.

If you feel that you qualify under certain descriptors, cite them, with a brief explanation. Refer to any specific evidence that may also be in your evidence pack/bundle

You are trying to make it as easy as possible for the Tribunal to see what your key arguments are, and how and why you should have an SG award.

The DWP are not obliged to request further evidence from a claimant's G.P. or other treating HCP, this is why we advise that claimants should gain and provide their own evidence.

The Tribunal can request G.P. records, etc. However, if they do this on the day of the hearing, it can lead to an adjournment.

bro58

Hi n.

Even though these Docs are intended for WRO's, you may find some of the info helpful :

Tribunal Handout Doc 1.

Tribunal Handout Doc 2.

bro58

Having read back on your previous posts, it seems that you have appealed, and the adverse decision was not changed in your favour, and has therefore been sent to The Appeals TS.

thanks for your reply bro 58... im not sure i understand you.
Can i just check i understand... i filled in a appeal request form to appeal the decision, they reviewed with same decison... i am waiting for tribunal date.... yeah sorry tribunal not appea AND yes a submission is what i am preparingl!

i get confused. sorry !

refer to any specific evidence that may also be in your evidence pack/bundle

.. what do you mean by this?
if i was to cite the descriptors i meet and give an example... do i need to refer to the bundle where i disagree?

Are there any example submissions i can look at?
i really have problems finding a way to structure it ... i need a proforma kind thing, ideally. some system to follow to stop me from getting all tied up . especially as there are so many inaccuracies in the bundle , including the medical report forms , some inaccuracies are in old medical report forms. Not sure where or how to address them.

I did all my answers to the esa via additional pages, which have been added to the bundle .. In my submission should i just cross reference ( see page xx)... or i will end up writing it all out again and it would definately not be less than 2 x
A4 pages

I gave some dates that i would be unable to to attend a tribunal hearing, when i returned my form saying I would be attending in person.

Its been a few months and i havent had a date through yet, now there are additional dates that my partner will be unable to come with me.
I need her support and attendance.

who do i contact to let them know?

nik wrote: I gave some dates that i would be unable to to attend a tribunal hearing, when i returned my form saying I would be attending in person.

Its been a few months and i havent had a date through yet, now there are additional dates that my partner will be unable to come with me.
I need her support and attendance.

who do i contact to let them know?

Hi n,

The Tribunal Service office that is dealing with your appeal.

bro58