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ESA Appeal
troyster_2
Posts: 33 Forumite
Hi, I'm looking for some advice.
In March this year I appealed against the decision that I wasn't eligible for ESA. Last week I was told that the reconsideration had also failed and it was going to tribunal. My contribution based ESA ended in June and I don't claim anything else. I have recovered considerably for the illness I had, mainly due to medication, so my question is: can I go to the tribunal and talk retrospectively about my symptoms etc.? I know they will look at me and see nothing wrong, but I really feel I'd like to go on with the tribunal even though I have nothing to gain, just for the principle of it, as there were lots of lies and inaccuracies in the medical report.
Thanks in advance.
In March this year I appealed against the decision that I wasn't eligible for ESA. Last week I was told that the reconsideration had also failed and it was going to tribunal. My contribution based ESA ended in June and I don't claim anything else. I have recovered considerably for the illness I had, mainly due to medication, so my question is: can I go to the tribunal and talk retrospectively about my symptoms etc.? I know they will look at me and see nothing wrong, but I really feel I'd like to go on with the tribunal even though I have nothing to gain, just for the principle of it, as there were lots of lies and inaccuracies in the medical report.
Thanks in advance.
0
Comments
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Hi, I'm looking for some advice.
In March this year I appealed against the decision that I wasn't eligible for ESA. Last week I was told that the reconsideration had also failed and it was going to tribunal. My contribution based ESA ended in June and I don't claim anything else. I have recovered considerably for the illness I had, mainly due to medication, so my question is: can I go to the tribunal and talk retrospectively about my symptoms etc.? I know they will look at me and see nothing wrong, but I really feel I'd like to go on with the tribunal even though I have nothing to gain, just for the principle of it, as there were lots of lies and inaccuracies in the medical report.
Thanks in advance.
The tribunal sits in the original decision makers shoes.
They can make any decision the original DM could have made, on evidence about the condition of the claimant at the time of the original decision.
They cannot take improvement into account - other than to limit the time period of the award.0 -
Thanks for your reply.
Do you know if it's unusual for someone to attend a tribunal once they have recovered from their incapacity or illness?0 -
Of course not.
Tribunals are taking most of a year to come to fruition, and most claims for ESA are for shorter periods than this.
In some cases, you can have a valid claim for ESA lasting a week.0
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