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IB to ESA, nil points and appealing
- slugsta
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10 years 3 months ago #118129 by slugsta
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Replied by slugsta on topic IB to ESA, nil points and appealing
and me! 
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- dizzy247
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10 years 2 months ago - 10 years 2 months ago #119012 by dizzy247
Replied by dizzy247 on topic IB to ESA, nil points and appealing
Not good news.
I had my appeal on Friday and got my result today. Reg 35 does not apply and I remain in WRAG.
I will be asking for the reasons for this result but don't think there can be an error of law.
My cont based ESA runs out in 2 months and my partner is in full time employment so am I right in thinking I've now done as much as I can?
It's been a very stressful and in a way, degrading experience and I now feel drained and exhausted.
It helps a little for the panel to agree that I'm not fit to work but I still can't get my head round there being a physical risk to my health if I went to work but not if I undertake work related activities to help get me back into work where I will be at risk!!
I would appreciate you views on this or the correct explanation if I've got it wrong.
Thanks as always
I had my appeal on Friday and got my result today. Reg 35 does not apply and I remain in WRAG.
I will be asking for the reasons for this result but don't think there can be an error of law.
My cont based ESA runs out in 2 months and my partner is in full time employment so am I right in thinking I've now done as much as I can?
It's been a very stressful and in a way, degrading experience and I now feel drained and exhausted.
It helps a little for the panel to agree that I'm not fit to work but I still can't get my head round there being a physical risk to my health if I went to work but not if I undertake work related activities to help get me back into work where I will be at risk!!
I would appreciate you views on this or the correct explanation if I've got it wrong.
Thanks as always
Last edit: 10 years 2 months ago by Gordon.
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10 years 2 months ago #119019 by Gordon
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Replied by Gordon on topic IB to ESA, nil points and appealing
dizzy247
The definition of Work Related Activity is pretty wooly, in fact there is no clear definition, which can make it difficult at an appeal, but to try and differentiate between the two consider someone working 40 hours a week and some being asked to attend a one hour meeting once a month.
So it is not the end result as you suggest in your post that is being looked at bit the activities to get you to that end result.
There are certainly conditions that would limit or prevent a claimant carrying out either of these extremes, but it can be difficult for a Tribunal to see a claimant as that disabled that they cannot perform WRA, especially if they can see aspects of the things they might expect someone to do for WRA in the claimants day to day life.
Have a good look at the written Statement of Reasons when you receive it, you never know the Decision process may have been faulty or unreasonable.
Gordon
The definition of Work Related Activity is pretty wooly, in fact there is no clear definition, which can make it difficult at an appeal, but to try and differentiate between the two consider someone working 40 hours a week and some being asked to attend a one hour meeting once a month.
So it is not the end result as you suggest in your post that is being looked at bit the activities to get you to that end result.
There are certainly conditions that would limit or prevent a claimant carrying out either of these extremes, but it can be difficult for a Tribunal to see a claimant as that disabled that they cannot perform WRA, especially if they can see aspects of the things they might expect someone to do for WRA in the claimants day to day life.
Have a good look at the written Statement of Reasons when you receive it, you never know the Decision process may have been faulty or unreasonable.
Gordon
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- dizzy247
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10 years 1 month ago - 10 years 1 month ago #120395 by dizzy247
Replied by dizzy247 on topic IB to ESA, nil points and appealing
I have now received the statement of reasons and record of proceedings and would be very grateful for any opinions or advice on what to do next.
Firstly the record of proceedings is a copy of the notes made by the judge on the day of my appeal and it is virtually impossible to read it. I can make out the odd few words here and there but it's useless to try and make any sense out of it.
Is there anything I can do about that?
I've got several more questions that I would like to ask on here, is it best if I do it one at a time?
Many thanks
Firstly the record of proceedings is a copy of the notes made by the judge on the day of my appeal and it is virtually impossible to read it. I can make out the odd few words here and there but it's useless to try and make any sense out of it.
Is there anything I can do about that?
I've got several more questions that I would like to ask on here, is it best if I do it one at a time?
Many thanks
Last edit: 10 years 1 month ago by Gordon.
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10 years 1 month ago #120400 by Gordon
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Replied by Gordon on topic IB to ESA, nil points and appealing
Dizzy
You can request a typed copy of the RofP, but I have to warn you that we have seen requests for this refused, but you lose nothing by trying.
Ask all of your questions in one post if practical, but I must warn you that we have limited capability to assist members with appeals to the Upper Tier Tribunal, so you might want to try and find and advisor with experience in this area, do an internet search for "welfare advice" with your postcode, town or county.
Gordon
You can request a typed copy of the RofP, but I have to warn you that we have seen requests for this refused, but you lose nothing by trying.
Ask all of your questions in one post if practical, but I must warn you that we have limited capability to assist members with appeals to the Upper Tier Tribunal, so you might want to try and find and advisor with experience in this area, do an internet search for "welfare advice" with your postcode, town or county.
Gordon
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10 years 1 month ago - 10 years 1 month ago #120407 by dizzy247
Replied by dizzy247 on topic IB to ESA, nil points and appealing
thanks Gordon
The main statement that I disagree with is that the tribunal have assumed that if I use a walking frame I would be, in their opinion, able to safely walk 50 metres.
My problems make it extremely uncomfortable for me to walk any distance and crossing over a road cannot be done safely without assistance from another person. I am unable to make any repeated movements without becoming extremely dizzy and therefore although a mobility aid would help to steady me ( I do use a stick) it doesn't alleviate the dizziness so without someone with me to check for traffic, I cannot safely go out unaccompanied. I wasn't asked about this in great detail at the tribunal hearing but had explained in great detail in my appeal submission and I assumed that all info would be taken into account when reaching a decision.
Can I use the fact that they made an incorrect assumption as a reason to apply to the upper tribunal if I can give a good explanation of why I would still be at risk.
I doubt that I will be able to get representation of any kind so if I do decide to take it further I will have to do it myself.
Thanks
The main statement that I disagree with is that the tribunal have assumed that if I use a walking frame I would be, in their opinion, able to safely walk 50 metres.
My problems make it extremely uncomfortable for me to walk any distance and crossing over a road cannot be done safely without assistance from another person. I am unable to make any repeated movements without becoming extremely dizzy and therefore although a mobility aid would help to steady me ( I do use a stick) it doesn't alleviate the dizziness so without someone with me to check for traffic, I cannot safely go out unaccompanied. I wasn't asked about this in great detail at the tribunal hearing but had explained in great detail in my appeal submission and I assumed that all info would be taken into account when reaching a decision.
Can I use the fact that they made an incorrect assumption as a reason to apply to the upper tribunal if I can give a good explanation of why I would still be at risk.
I doubt that I will be able to get representation of any kind so if I do decide to take it further I will have to do it myself.
Thanks
Last edit: 10 years 1 month ago by Gordon.
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