- Posts: 56
Volunteer!?
- Mick Egan
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My query is that as i am unsure whether local welfare Rights have room to take my tribunal case,my fit note has another 6 weeks to go but my appt with my consultant has been brought forward due to my health deteriorating,is there anything specific i can ask/request from him to take/use when i go relevant to my tribunal as if WR cant represent i may have to do myself and ill only get to see him this occasion and dont wish to go bothering him after my visit,thanks kettle
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- Gordon
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Kettle wrote: Hello again,following your advice some weeks ago i shall update you before i go on to ask advice:as i am waiting for an appeal date having been 'fit for work' and in support group for some months i finally got a reply from local works provider who have apologised for sending me appointments monthly and ringing but it appears i 'volunteered'?some time ago a letter apparently on its way confirming this will stop(after another appt rec'd for Aug Hmm)
My query is that as i am unsure whether local welfare Rights have room to take my tribunal case,my fit note has another 6 weeks to go but my appt with my consultant has been brought forward due to my health deteriorating,is there anything specific i can ask/request from him to take/use when i go relevant to my tribunal as if WR cant represent i may have to do myself and ill only get to see him this occasion and dont wish to go bothering him after my visit,thanks kettle
Just to confirm, you are appealing a Fit for Work Decision made after your latest assessment and were previously in the Support Group?
I will post some links later in the post, but in principle you need to do two things, you need to show that the DWP's reasons for finding you FfW are incorrect, and secondly and more importantly, you need to show that you meet the criteria for the WRAG or the Support Group, you can do this through any evidence that you have available in relation to your condition(s) and a submission in which you explain how your condition(s) affect you in relation the DWP descriptors.
To be of assistance, your consultant needs provide you with a letter, report, or medical evidence that relates to the ESA Descriptors that you believe that you meet, so as an example; a statement that you cannot work will be of little value, however, one stating that you cannot walk more than Xm due to significant discomfort and that this is because of condition Y, will be of assistance.
Many of our members have been able to successfully represent themselves at an appeal.
Have a look at the following
Our ESA Appeal guide
www.benefitsandwork.co.uk/help-for-claimants/esa
and the following FAQs
ESA medical – what forms to ask for?
Qualifying for the WRAG
Qualifying for the Support Group
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
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