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What is best information to use at appeal?

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11 years 10 months ago - 11 years 10 months ago #108475 by Ray
Dear Forum
I have received a pack for my appeal ESA - WRAG to Support and also notification from the HM Courts and Tribunals service. Reading through there are a few points of concern:
- there are 2 LT 54s both with different case numbers
- on the reconsideration LT54 it states 'not provided any additional evidence' despite have sent a GP letter, letter from MS Nurse Specialist and Consultant letter. The first 2 items are also in the pack but not the consultant letter.
-Having spoken to DWP they state they received consultant letter and sent it on , so why not used?
-Also I wrote on 10/6 using form from the forum to request SAR to date I still have not received any thing I had thought they had 40 days to reply.
- on the statement of reasons I have received it states I do not satisfy the support group criteria but does not indicate why
Can you suggest if and how I can use this in my appeal or if I should focus on something else as I just cannot see what additional information I can provide that I have not already used that could make the difference. I have read though many documents on the site and forgive me if I have not picked up on the information
thank you
Last edit: 11 years 10 months ago by Gordon.

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11 years 10 months ago #108478 by Gordon
Replied by Gordon on topic What is best information to use at appeal?
Ray

As you were transferred from IB, one of the LT54 would apply to this and the other one to your Reconsideration, I would hope that they are dated so you can work out which one is which, but nothing the DWP do, or do not do, would surprise me any more.

Tribunals are won by claimants showing the they meet the criteria for the benefit, so this should be the focus of any submission that you make to the Tribunal Service, you can also show that the statements on the ATOS medical report are incorrect, or not based on the facts presented, but do not get hung on proving every line is wrong as it will not prove your case and may distract from the real reasons you should be in the SG.

In regard the SAR, it is 40 calendar days so they are past the date they should have replied, however, your first port of call should be the DWP's Data Protection department who should be providing the data you requested, if you have no luck with them then you can escalate the issue to the Information Commissioner.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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11 years 10 months ago #108484 by Ray
Gordon
thank you for the advise, as you suggest I was going to focus on the 2 descriptors that I feel apply, however without any indication of how they have reached the conclusion that the information I have provided does not support this I am finding it difficult to further articulate my case I guess it is back to the descriptor and ensure all the information I have provided and that of the supporting evidence stacks up , it just doesn't feel enough.
thank you :(

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11 years 10 months ago #108485 by slugsta
Replied by slugsta on topic What is best information to use at appeal?
If you have already provided evidence backing up your claim then you should write a short submission pointing to this and how it shows that you meet the Support Group descriptors.

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11 years 10 months ago #108486 by Ray
ok thanks you will try that :)

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11 years 10 months ago #108489 by Billy
Replied by Billy on topic What is best information to use at appeal?
Hi Ray
It should tell you on the facts of the case and the DM`s response why he feels you do not meet the criteria for the support group

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