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Going to appeal ESA,

  • Chris.w
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11 years 10 months ago - 11 years 10 months ago #108065 by Chris.w
Going to appeal ESA, was created by Chris.w
I am currently waiting an appointment for a tribunal relating to my ESA, i am in the Wrag and think I should be in the support group.I was retired from my job last year on ill health grounds because I have diabetic autonomic neuropathy which leaves me with numbness in my legs,pain in my back, neck and across my shoulders, I also suffer from low blood pressure which obviously affects my balance and causes dizziness, this along with being a type 1 diabetic (for 36 years) causes all sorts of problems.I have recently been awarded the higher rate of mobility on DLA and use a mobility scooter on the very rare occasion I go out with my husband.
I have been assessed by Atos but I'm not sure how many points I got ,where can I find these points ? I don't know where to start at this tribunal as I have no one only my husband to back me,any help would be so grateful, I joined benefits and work because I have read such good success stories,I hope anyone can help me in preparation for this dreaded tribunal, thank you in anticipation.
Last edit: 11 years 10 months ago by Gordon.

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11 years 10 months ago #108074 by Gordon
Replied by Gordon on topic Going to appeal ESA,

Chris.w wrote: I am currently waiting an appointment for a tribunal relating to my ESA, i am in the Wrag and think I should be in the support group.I was retired from my job last year on ill health grounds because I have diabetic autonomic neuropathy which leaves me with numbness in my legs,pain in my back, neck and across my shoulders, I also suffer from low blood pressure which obviously affects my balance and causes dizziness, this along with being a type 1 diabetic (for 36 years) causes all sorts of problems.I have recently been awarded the higher rate of mobility on DLA and use a mobility scooter on the very rare occasion I go out with my husband.
I have been assessed by Atos but I'm not sure how many points I got ,where can I find these points ? I don't know where to start at this tribunal as I have no one only my husband to back me,any help would be so grateful, I joined benefits and work because I have read such good success stories,I hope anyone can help me in preparation for this dreaded tribunal, thank you in anticipation.


You say that you are waiting for an appointment for a tribunal, does this mean that the DWP have completed their Reconsideration and your papers have been passed to the Tribunal Service?

If this is the case then you should have received, or will shortly receive all of the documents used in the making of the original Decision.

If the Reconsideration has not been completed then you can request these documents from the DWP, see

ESA medical – what forms to ask for?

I have to warn you that it is not uncommon for a claimant to be unable to discern what points they scored from these documents :(

As you are appealing you might want to have a look at the following if you have not already done so.

Our ESA Appeal guide

www.benefitsandwork.co.uk/help-for-claimants/esa

and the following FAQs

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

MOJ Video of ESA Appeals Process and Tribunal

Gordon

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  • Chris.w
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11 years 10 months ago - 11 years 10 months ago #108097 by Chris.w
Replied by Chris.w on topic Going to appeal ESA,
Gordon,thanks for your response, I have received All documents used in making their decision and they have admitted that they have lost the ESA50 form but they have seen it ( how convenient).All papers have been passed on to the tribunal service.
Last edit: 11 years 10 months ago by Gordon.

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11 years 10 months ago #108103 by Gordon
Replied by Gordon on topic Going to appeal ESA,

Chris.w wrote: Gordon,thanks for your response, I have received All documents used in making their decision and they have admitted that they have lost the ESA50 form but they have seen it ( how convenient).All papers have been passed on to the tribunal service.


If you retained a copy of the ESA50 then you can submit this yourself to the TS.

Gordon

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  • Chris.w
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11 years 10 months ago - 11 years 10 months ago #108106 by Chris.w
Replied by Chris.w on topic Going to appeal ESA,
I don't think I did retain a copy, I will have a good look for it ,but will it have any effect whether I do or don't have it?
Last edit: 11 years 10 months ago by Gordon.

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11 years 10 months ago #108110 by Gordon
Replied by Gordon on topic Going to appeal ESA,

Chris.w wrote: I don't think I did retain a copy, I will have a good look for it ,but will it have any effect whether I do or don't have it?


The ESA50 should have been one of the documents used by the DWP in making the Decision on your claim that you appealed against, I would expect a Tribunal panel to question it's absence.

Gordon

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