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TOPIC: ESA appeal - advice on supporting evidence

ESA appeal - advice on supporting evidence 8 years 10 months ago #43196

  • jkw10
I have CFS/ME and failed my WCA in Aug 10, receiving 0 pts and was told I was fit for work.

The local CAB are helping me to appeal and have also complained to ATOS as no consideration was made for what is sustainable activity with a condition where fatigue is accumulative. No tribunal date yet but expected to be in February.

I'm concerned about my lack of evidence: I had to switch GPs just as the CAB were about to present evidence so have a letter now from my new GP who has only seen me a couple of times. (I moved back to my Mum's for more support but this meant I left my original GP's catchment area)
I was referred to an NHS clinic which could not see me due to lack of staff. The consultant read my notes instead and wrote to my GP suggesting a treatment plan which I am following, incl medication and B12 injections. This letter is part of my evidence.

1) letter from my Mum? She is 85 and physically fit but has poor hearing and gets easily flustered so not sure it would be helpful to have her accompany me into the tribunal but wonder if a letter would help.
2) letter from my MP? Has this helped people in the past?
3) Should I see a consultant privately if I can afford to do so? I don't think I would be able to get an appt at the NHS clinic in time for the tribunal even if their staffing levels are now ok
4) Info from ME associations and/or the ATOS guidelines and DWP guidance, pointing out where this has not been adhered to?

My CAB advisor has not answered my recent emails or responded to a phone message so I feel a bit stuck. Any advice gratefully received - I don't feel well enough to wade through a forum search as concentration and brain fog are also an issue.

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Re:ESA appeal - advice on supporting evidence 8 years 10 months ago #43200

Hi,

In brief:

Letter from your mum - yes
Letter from MP - yes, but only if it gives relevant evidence
Consultants evidence - definitely if you can afford it, but make sure it's sent to you first so you can cehck that you wish to submit it.
Guidelines not adhered to - yes, set these out in a brief submission if possible (there's more about written submissions in the guides).

Good luck,

Steve

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