evidence for Apeal

kate wrote: Hello

I am about to submit further evidence to the appeals court to go with evidence already submitted. I have Consultant report, Physio evidence and Xray results which I have been able to get hold off. Now i have all this evidence do you think it would be ok if I wrote a letter with this evidence to explain how my condition affects me and my limitations etc. Because when I had my ATOS medical what I wrote on my ESA50O3/11 form was totally disregarded by the healthcare worker and the decision maker. An example of this was I wrote I was unable to walk 50meters without severe pain etc and that I do use crutches and weight bear on one leg only. The healthcare worker wrote on my report cannot mobilize for 200 meters and i got 6 points. ( THIS IS ONLY ONE EXAMPLE )

I am becoming so upset and scared with the appeal.

Kate

i

This is a good idea!

Depending on how well you feel you can write two submissions to the Tribunal, the first, which I think is the one you are referring to in your post, should be a summary of why you think you should be in the Support Group, linking your stated limitations to your condition to the ESA Support Group Descriptors that you feel you meet. This should be two pages at most.

If you have the time and energy then you can produce a more detailed document, but do not worry if you cannot manage this. In this you could again go over why you believe you meet the Support Group criteria, but in greater depth, maybe giving examples of what you cannot do and why, you can explain why you think that the ATOS report is in error and if relevant give reference information to your conditions.

All of your documentation and evidence needs to be with the Tribunal Service no later than two weeks before your hearing, they will copy it and make it available to the DWP and the panel members.

For you reference, question 1 on the ESA50 is not a walking test, but is rather a mobilising test which also considers your ability to propel a manual wheelchair over the same distances. The usage must be reasonable, so if you are physically unable to use a wheelchair or there are reasons why you could not use one, owning one is not relevant, then you need to make this clear.

Gordon

kate wrote: Hello Gordon

Thank you for your reply. Am I ok to write that I feel my disability puts me in the support group ? or should I ask the tribunal to look to see if they feel i QUALIFY for support group. I am afraid of coming across a rude. Even though I no Its not my fault I am in this postion.

I started my letter this morning and have had about 6 attempts trying to make it sound ok.

Kate

It is perfectly acceptable for you to explain why you believe you should be in the SG, the panel will not be offended.

Gordon