ESA Tribunal Refusal Help

actionman_3

Or is it that they see it that if the claimant can't be bothered to go, they can't be serious in their claim?

That may be it as there were reports in the paper of people just not attending and they equated that with not being genuine claimants.

They are passing people who are fit to work when they are obviously NOT and there are campaigns out there now.Major charities speaking out. I heard that 70% of appeals are successful after having been turned down.

The gov want to get most people off the sick so they are throwing off really ill people. It sounds like you have enough problem just doing basic tasks in all that pain.

NASA_2

70% is not the correct figure - the department still wins the majority of cases. The actual number of succesful appeals is something like 40%.

andyandflo

NASA wrote: »

Most people who appeal and ask for a paper only hearing dont supply evidence of why the decision was wrong. They just appeal to stay on the benefit a bit longer so they dont have to claim JSA.

Not in all cases but I've seen more than evidence of it in my time.

People who attend the tribunal are providing first hand evidence.

ummm I suppose so, but it is a long winded way of staying on a benefit, but who am I to comment.

No seriously, as far as Social Services were concerned, and yes I know they are not benefit experts, they are adamant that she should be either on DLA or AA. What was explained to me was that the evidence submitted speaks for itself and that my wife would not have been able to add anything more to it by going. So she opted for a 'paper' appeal as it was less stressful to her.

Too late now, never mind, her social worker still wants her to try again but to be honest it is getting a bit tiresome.

actionman_3

70% is not the correct figure - the department still wins the majority of cases. The actual number of succesful appeals is something like 40%. Today 1:19 PM

70% is not the correct figure - the department still wins the majority of cases. The actual number of succesful appeals is something like 40%.

the figure my friend quoted was from radio 4 I think. Someone from appeals was talking I believe. Even if its 40%-that's still a sizeable number of claims they are getting wrong.
70% is not the correct figure - the department still wins the majority of cases. The actual number of succesful appeals is something like 40%. Today 1:19 PM

Too late now, never mind, her social worker still wants her to try again but to be honest it is getting a bit tiresome.

Probably make it that way in order that she will just go away.

andyandflo

actionman wrote: »

Probably make it that way in order that she will just go away.

Yes they probably have! It's not right or fair, but as the old dear says - not everything in life is fair!

As a matter of interest, thinking back to the old Pension Guarantee days, the government reckoned that 1 in 3 of eligible claimants didn't bother to claim because it was too difficult and stressful.

I wonder what the figure is with DLA as you may have a very valid point.