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  • FIRST POST
    • poppyscarlett
    • By poppyscarlett 14th Mar 18, 7:04 PM
    • 14Posts
    • 4Thanks
    poppyscarlett
    ESA tribunal what do I do next.
    • #1
    • 14th Mar 18, 7:04 PM
    ESA tribunal what do I do next. 14th Mar 18 at 7:04 PM
    Hi
    Failed my ESA medical and the MR.
    I have received a letter from the courts to say they have received my form to appeal and they have also contacted the DWP. I have sent my fit note in an hope assessment rate benefits will start soon as I have had no money for 8 weeks ( I live alone and a worried 61 year old) who is struggling to handle all of this.
    My main question is what do I need to do now. I am doing this alone as could not get any help, so basically I am worried sick. Do I need to get my own medical evidence from the Docs and MH team or do the courts do that.
    Sadly although my doctor is brillaint and I have no complaints he will not write letters of support, he tells me it is the surgeries policy, will the court ask him to supply a covering letter or will my records be enough and do I need to ask for them.
    I want to go to court with as much as I can, and I know the courts sometimes ask for further evidence.
    Just need pointing in the right direction if anyone could please.

    Thank You.
Page 1
    • BorisThomson
    • By BorisThomson 14th Mar 18, 7:25 PM
    • 1,586 Posts
    • 3,420 Thanks
    BorisThomson
    • #2
    • 14th Mar 18, 7:25 PM
    • #2
    • 14th Mar 18, 7:25 PM
    poppy, please ignore the comments from controversial-liberty, they are a troll and will no doubt be blocked once the forum team are made aware.

    Regarding evidence, it is best to obtain it yourself. The tribunal will only have access to what you provide and what the DWP provide. Speak to your mental health team and ask if they can help with this. Have you received the report from your assessment? The mental health team may wish to see this so they have something specific to respond to.
    • Alice Holt
    • By Alice Holt 14th Mar 18, 7:25 PM
    • 2,028 Posts
    • 2,345 Thanks
    Alice Holt
    • #3
    • 14th Mar 18, 7:25 PM
    • #3
    • 14th Mar 18, 7:25 PM
    Firstly - When your appeal is lodged with the Tribunal Service, and logged by the DWP you can request the DWP to resume ESA payments pending the hearing date.
    http://www.cpag.org.uk/content/benefit-during-employment-and-support-allowance-dispute
    This will give you some income whilst awaiting the appeal.

    Re evidence. It's worth noting in your submission your GP's policy. Extracts from your medical records could be useful.
    Evidence can also come from carer's, family members, etc - if this can relate to the ESA descriptors the better.
    This is a PIP appeal guide - but is also helpful for the appeal process:
    https://www.advicenow.org.uk/guides/how-win-pip-appeal

    The more the relevant evidence you can present to the tribunal, the better.
    And, of course, your verbal evidence will be very important - so having examples / a diary as a memory aid when talking to the tribunal is a good idea

    Good luck.
    • NeilCr
    • By NeilCr 14th Mar 18, 7:48 PM
    • 1,714 Posts
    • 2,294 Thanks
    NeilCr
    • #4
    • 14th Mar 18, 7:48 PM
    • #4
    • 14th Mar 18, 7:48 PM
    OP

    Official figures on the number of appeals upheld. This is from earlier this year.

    You'll see that, for ESA, over 50% of decisions were overturned at Tribunal

    https://www.whatdotheyknow.com/request/454986/response/1105536/attach/html/2/FOI%2041%20Reply.pdf.html

    Please do not be deterred by the process. Your local CAB/advice centre may be able to support you (dependent on their resources) but, whatever, there is excellent guidance on this thread from Alice and Boris.

    I wish you well
    • Ames
    • By Ames 14th Mar 18, 7:51 PM
    • 17,243 Posts
    • 30,370 Thanks
    Ames
    • #5
    • 14th Mar 18, 7:51 PM
    • #5
    • 14th Mar 18, 7:51 PM
    Ignore the factually incorrect and judgemental posts.

    Statistics give a good chance of success at appeal, but it's better if you can go in person. Perhaps your mental health team can start working with you now on strategies to help you be able to go, if it would be a problem?

    The tribunal service exists for a reason. No system gets it right 100% of the time, and sadly the benefits system falls far below that. The right to appeal is a central tenet of our justice system. There's nothing wrong with exercising that right.
    Unless I say otherwise 'you' means the general you not you specifically.
    • WhenIam64
    • By WhenIam64 14th Mar 18, 8:07 PM
    • 40 Posts
    • 22 Thanks
    WhenIam64
    • #6
    • 14th Mar 18, 8:07 PM
    • #6
    • 14th Mar 18, 8:07 PM
    If that isn't screaming "GO AND WORK" then I do not know what is these days.
    Reported.

    Seems C-L has only joined today to vent his/her spleen. If C-L wants to help, perhaps they could check the DM guides or Turn2us or EntitledTo prior to commenting.
    • poppyscarlett
    • By poppyscarlett 14th Mar 18, 8:19 PM
    • 14 Posts
    • 4 Thanks
    poppyscarlett
    • #7
    • 14th Mar 18, 8:19 PM
    • #7
    • 14th Mar 18, 8:19 PM
    Thanks everyone much appreciated.
    I am going to the tribunal just having to do it alone.
    I shall get cracking on obtaining some written support all I can hope is that when they see and speak to me they will be able to tell that the medical was not a true representation of my illness.

    Cheers.
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