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been put in wrag.

hi is it possible to try for me to get in suppoert group, i won both tribunals, esa and dla i get medium rate care and low mombility scored strait 15 points for esa, what do i do, my dla states i need carer duren day, as a danger to myself and others,
can some 1 please advice, thank you

Comments

  • ineed
    ineed Posts: 4,432 Forumite
    Ninth Anniversary Combo Breaker
    What kind of tribunal was it for your ESA? I think you can appeal a first tier tribunal but I'm not sure about an upper tribunal (never been through the process myself but someone will have more experience to offer on it). This link I found via google might help, pdf of appeals and what to do.

    Remember DLA and ESA are different in how they are worked out, DLA is based on care and mobility needs you have because of a condition, ESA is a points based system. Do you think you should be in the support group? Have a look at the descriptors, http://pseudo-living.blogspot.co.uk/2012/03/esa-descriptors-and-points.html.

    Well done on winning your appeal for WRAG, and good luck if you decide to push for support group :).
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  • I think I've read that you can only appeal a tribunal to the upper tribunal on a point of law, not a disagreement on the actual decision. But a more expert member might be able to clarify.
  • KxMx
    KxMx Posts: 11,451 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Support Group isn't about points, it's about meeting descriptors. Hope that helps :)
  • rogerblack
    rogerblack Posts: 9,446 Forumite
    tracy0770 wrote: »
    hi is it possible to try for me to get in suppoert group, i won both tribunals, esa and dla i get medium rate care and low mombility scored strait 15 points for esa, what do i do, my dla states i need carer duren day, as a danger to myself and others,
    can some 1 please advice, thank you

    As the other member said - appealing a tribunal decision may be extremely problematic, and will generally not be doable without advice.
    Has your condition worsened since the ESA decision that you were not entitled to ESA? (The decision that you appealed)
  • tracy0770
    tracy0770 Posts: 86 Forumite
    edited 17 May 2013 at 4:19PM
    10 a i have 3 - 6 fits a day, also, a 11 as have severa sciatica and i have blurred vision only have 1 eye other eye no good, the judge said because i got medical experiance shame to loose that, i not got medical, i was laprotory swabbing machines in factories ready for production.
  • Brassedoff
    Brassedoff Posts: 1,217 Forumite
    Hmm, as others have said, ESA can only be appealed if the panel in the lower court erred in Law.

    DLA is based on your needs, if you have a series of conditions thst have got worse, then you may appeal. May suggest you get more help in filling out your appeal or change of condition form so it is easier for the decision maker to read and get you the right level of help?
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