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ESA tribunal tomorrow

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11 years 10 months ago #105733 by slugsta
ESA tribunal tomorrow was created by slugsta
My friend's ESA tribunal is tomorrow afternoon. I must say that I am very nervous, even though it isn't my appeal! I will be there purely to hold her hand although I am happy to make a statement on her behalf. I'm in no way qualified nor experienced enough to want to act as her representative.

I'm hoping that things won't take too long and that I will be back here before 4pm, whatever happens I will update you as to the result.

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11 years 10 months ago #105734 by Gordon
Replied by Gordon on topic ESA tribunal tomorrow
Best wishes, I hope it goes well for them.

G

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  • bro58
11 years 10 months ago #105735 by bro58
Replied by bro58 on topic ESA tribunal tomorrow
Good luck to you and your friend, MHB. :)

bro58

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  • Judith
11 years 10 months ago #105736 by Judith
Replied by Judith on topic ESA tribunal tomorrow
Will be thinking of you and hope it goes well for you and your friend B)

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11 years 10 months ago - 11 years 10 months ago #105770 by slugsta
Replied by slugsta on topic ESA tribunal tomorrow
Thank you for your support. We were at the court for about 1.5 hours, much of that actually in with the panel. We were asked to wait outside twice - once while they discussed whether they needed more medical evidence and once while they made their decision. I think we are all shattered now!

The tribunal found in favour of my friend - although they only gave her WRAG when I think she qualifies for SG. Friend isn't interested in taking things any further though, even if there was an Error of Law.

I think the best word to describe the attitude of the panel is business-like. The doctor worked quite hard to get a good picture of my friend's situation - she is not the best historian, I was getting quite frustrated but couldn't say anything.

I was interested that they said they couldn't consider 'stress incontinence' in the continence descriptor, I haven't heard this before. Is it correct?

They did explain that they have no control over when reassessment will happen, they didn't make a recommendation regarding this.

My friend has promised that she will let me know when the next ESA50 arrives, rather than doing it on her own as she did this time!

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 10 months ago by bro58.

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  • bro58
11 years 10 months ago - 11 years 10 months ago #105788 by bro58
Replied by bro58 on topic ESA tribunal tomorrow

Mrs Hurtyback wrote: Thank you for your support. We were at the court for about 1.5 hours, much of that actually in with the panel. We were asked to wait outside twice - once while they discussed whether they needed more medical evidence and once while they made their decision. I think we are all shattered now!

The tribunal found in favour of my friend - although they only gave her WRAG when I think she qualifies for SG. Friend isn't interested in taking things any further though, even if there was an Error of Law.

I think the best word to describe the attitude of the panel is business-like. The doctor worked quite hard to get a good picture of my friend's situation - she is not the best historian, I was getting quite frustrated but couldn't say anything.

I was interested that they said they couldn't consider 'stress incontinence' in the continence descriptor, I haven't heard this before. Is it correct?

They did explain that they have no control over when reassessment will happen, they didn't make a recommendation regarding this.

My friend has promised that she will let me know when the next ESA50 arrives, rather than doing it on her own as she did this time!


Hi MHB,

As long as your friend is satisfied we will take that as "Good News" then !! :)

I can't see anything that stipulates that "stress incontinence" should not be taken into account.

Maybe they are coming more on "Extensive" evacuation of the bowel or bladder" and not just what they would class as "Leakage"

Enuresis (bed-wetting) is not counted nor is loss of control while not conscious, due to seizures, etc.

I assume that this would be the 2011 descriptors, they have added extra wording re : aids etc, post 28/01/13 amendments.

It's covered on Page 100 of The WCA Handbook.

bro58
Last edit: 11 years 10 months ago by bro58.

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