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- esa appeal submission.. some questions
esa appeal submission.. some questions
- nik
- Topic Author
.. i havent had any correspondence from them yet , just the DWP
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- nik
- Topic Author
and there is a copy of schedule 3 attached....which i thought was the descriptors for the support group?
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- Gordon
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I am going to assume by submission you mean the totality of your case to the Appeal panel rather than a short statement that you might want make at the hearing.
This being the case, I would suggest the following.
First we do not have any examples as there would be the risk of a member using it verbatim which would likely not be to there advantage.
As a template I would suggest the following.
- front page identifying who you are and the decision you are challenging.
- table of contents with page numbers
- summary of your case (max one page), for example; I believe I meet the requirements for ESA Descriptor 1, 5 and 10 with a brief explanation of why. Typically one sentence followed by a short paragraph for each descriptor.
- detailed explanation of why I meet the criteria for the SG. For each descriptor, why you meet the criteria, referencing any supporting evidence and/or reference documents.
- why you think the ATOS medical report is wrong, keep it short, for example; not supported y the evidence on page x, assessor did not directly assess this. etc.
- medical evidence
- reference to other materials for example, if you have a rare condition or one that is easily confused with another.
The evidence pack should been numbered by the TS, use these to reference any content
I hope this helps
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- bro58
bro58 wrote:
nik wrote: how do i find out who that is?
.. i havent had any correspondence from them yet , just the DWP
Hi n,
I am taking it that you have had an unsuccessful reconsideration carried out by The DWP, and your appeal has been sent to The TS, and you have received your "Evidence Pack/Bundle", is that correct ?
bro58
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- nik
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- Gordon
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- Posts: 51284
nik wrote: it says in my esa tribunal bundle " ..determined that by reason of physical and/or mental condition none of the descriptors set out in schedule 2 to the ESA regulations apply"
and there is a copy of schedule 3 attached....which i thought was the descriptors for the support group?
It could be, but if you qualified for the WRAG under the exceptional Circumstances then it would be correct.
Gordon
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