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IB but no points after interview, would these coun
- cemac
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11 years 11 months ago - 11 years 11 months ago #107240 by cemac
IB but no points after interview, would these coun was created by cemac
I'm appealing the decision to stop my IB having been given no points by ATOS.
I had the interview recorded but the notes by the assessor have been skewed. ie the daily living implies that I hoover up every day, no chance. The interview lasted from 0906 to 1105hrs. Well I was trying to fill out the expenses form by 1050 an in the car by 1100.
Would these be considered evidence?
copies of car park tickets showing I use local shops, MOT certificate showing low mileage on car, photos of slip on shoes (apparently I put them on without difficulty - that's why I had to buy them. Also photos of dust in the house because apart from the living room nothing has been hovered since before Christmas.
This is probably a daft question but I am still fuming, retired ill health 2000, lot of arthritic problems since plus a few more health problems limiting my ability to get about. My old age pension is due in 18 months and I have a works pension so am better off than many people,
Am concerned that I might end up nit picking and waste tribunal time.
What would be good evidence
My hands were shaking when I signed the expenses form and probably the one for the CDs too, would it be worth trying to get a copy?
Thank you for your help
Cemac
I had the interview recorded but the notes by the assessor have been skewed. ie the daily living implies that I hoover up every day, no chance. The interview lasted from 0906 to 1105hrs. Well I was trying to fill out the expenses form by 1050 an in the car by 1100.
Would these be considered evidence?
copies of car park tickets showing I use local shops, MOT certificate showing low mileage on car, photos of slip on shoes (apparently I put them on without difficulty - that's why I had to buy them. Also photos of dust in the house because apart from the living room nothing has been hovered since before Christmas.
This is probably a daft question but I am still fuming, retired ill health 2000, lot of arthritic problems since plus a few more health problems limiting my ability to get about. My old age pension is due in 18 months and I have a works pension so am better off than many people,
Am concerned that I might end up nit picking and waste tribunal time.
What would be good evidence
My hands were shaking when I signed the expenses form and probably the one for the CDs too, would it be worth trying to get a copy?
Thank you for your help
Cemac
Last edit: 11 years 11 months ago by Gordon.
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11 years 11 months ago #107248 by Gordon
Many claimants, understandably, become fixated on tackling every item in the medical report, however, to win your appeal you need to show that meet the criteria for the WRAG or the Support Group.
That said, you should not ignore the report, but pick your battles, so for example; the timing of the report, if the assessor has used this as a measure of how long you have performed an activity such as sitting, then it may be relevant to challenge this if you have problems with Sitting and Standing, but if this is not the case, then the panel are unlikely to be interested in looking at this.
Go back through the ESA Claim guides with your copy of the ESA50 and evidence to see whether you can answer the questions better than you originally did.
Also have a look through the following for more information about preparing for your hearing.
ESA medical – what forms to ask for?
Qualifying for the WRAG
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
MOJ Video of ESA Appeals Process and Tribunal
If you have more questions, please reply to this post.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic IB but no points after interview, would these coun
cemac wrote: I'm appealing the decision to stop my IB having been given no points by ATOS.
I had the interview recorded but the notes by the assessor have been skewed. ie the daily living implies that I hoover up every day, no chance. The interview lasted from 0906 to 1105hrs. Well I was trying to fill out the expenses form by 1050 an in the car by 1100.
Would these be considered evidence?
copies of car park tickets showing I use local shops, MOT certificate showing low mileage on car, photos of slip on shoes (apparently I put them on without difficulty - that's why I had to buy them. Also photos of dust in the house because apart from the living room nothing has been hovered since before Christmas.
This is probably a daft question but I am still fuming, retired ill health 2000, lot of arthritic problems since plus a few more health problems limiting my ability to get about. My old age pension is due in 18 months and I have a works pension so am better off than many people,
Am concerned that I might end up nit picking and waste tribunal time.
What would be good evidence
My hands were shaking when I signed the expenses form and probably the one for the CDs too, would it be worth trying to get a copy?
Thank you for your help
Cemac
Many claimants, understandably, become fixated on tackling every item in the medical report, however, to win your appeal you need to show that meet the criteria for the WRAG or the Support Group.
That said, you should not ignore the report, but pick your battles, so for example; the timing of the report, if the assessor has used this as a measure of how long you have performed an activity such as sitting, then it may be relevant to challenge this if you have problems with Sitting and Standing, but if this is not the case, then the panel are unlikely to be interested in looking at this.
Go back through the ESA Claim guides with your copy of the ESA50 and evidence to see whether you can answer the questions better than you originally did.
Also have a look through the following for more information about preparing for your hearing.
ESA medical – what forms to ask for?
Qualifying for the WRAG
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
MOJ Video of ESA Appeals Process and Tribunal
If you have more questions, please reply to this post.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
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11 years 11 months ago - 11 years 11 months ago #107255 by cemac
Replied by cemac on topic IB but no points after interview, would these coun
Thanks Gordon.
Apparently I managed to sit without moving for 90 minutes, at the same time as climbing on to the couch and performing the physical lifting arms, etc without difficulty. The arthritis makes me stiff!
So I will look at that one as I do have problems sitting and standing, I'll find it difficult to stand up when I finish this computer session.
I should have the times on the CD as the nurse stated them at the start and end.
Thank you to all the Mods and the team, I've started looking up the guides and found them very useful. I panicked when I saw the way the reports were written as there are so many minor things I disagree with.
My doctor is away for 3 weeks and no form 113 was requested so they had no medical evidence, so I will be asking him for help as well.
Thanks for your advice
cemac
Apparently I managed to sit without moving for 90 minutes, at the same time as climbing on to the couch and performing the physical lifting arms, etc without difficulty. The arthritis makes me stiff!
So I will look at that one as I do have problems sitting and standing, I'll find it difficult to stand up when I finish this computer session.
I should have the times on the CD as the nurse stated them at the start and end.
Thank you to all the Mods and the team, I've started looking up the guides and found them very useful. I panicked when I saw the way the reports were written as there are so many minor things I disagree with.
My doctor is away for 3 weeks and no form 113 was requested so they had no medical evidence, so I will be asking him for help as well.
Thanks for your advice
cemac
Last edit: 11 years 11 months ago by Gordon.
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11 years 11 months ago #107257 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic IB but no points after interview, would these coun
cemac
Please make sure that you read and understand the ESA Descriptors rather than relying on the questions in the ESA50, they are detailed in the ESA Claim guides. It is easy to ignore the detail of the legal requirements for ESA, but they are really important and can make the difference between being successful at an appeal or not.
Gordon
Please make sure that you read and understand the ESA Descriptors rather than relying on the questions in the ESA50, they are detailed in the ESA Claim guides. It is easy to ignore the detail of the legal requirements for ESA, but they are really important and can make the difference between being successful at an appeal or not.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
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