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Thread: Esa zero points help needed

  1. #31
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    To be honest, if you have already sent in your best evidence there is not much to fight. If you make your submission clear and "idiot proof", the tribunal will look at all the evidence without the bias of the DWP.
    If you abandon your appeal then you also abandon any back dated payment
    Anything expressed is my opinion only and is offered in good faith. It is either from my own experiance or what I have learned on my journey. Take it for what it is or leave it alone. With best wishes D.

  2. #32
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    David. Yes i have sent all my evidence for mr and will be going to appeal i just dont know if i need to tell them about my changes when i have the operation and if it would make a differance or if i would be better to wait and then go again if i dont get the result i want.

  3. #33
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    Quote Originally Posted by Peter View Post
    I am waiting for a major operation atm and face the idea of having to fight an appeal at the same time. Will it make a differance to my appeal ? Would i be better off starting a new claim after my op ?
    Definitely not Peter, if you have an ongoing Appeal you must attend, I have never known it to be anything other than a formal conversation, it is not a grilling.
    If you withdraw your claim & Appeal now and wait until after your OP to reapply, the likely-hood is the DWP will consider that to be an improvement or cure for your present condition, so you must persevere. Have a look at the following link it's a little dated but will give you an idea how the process goes, all they want to do is clarify points ignored by the DWP and their assessors.
    https://www.youtube.com/watch?v=tbWXG6Ho4i8

    Best of luck, by the way I've had two myself and assisted some twenty odd other people locally through the process and never known a Tribunal to behave in anyway different to what's shown in that film.

  4. #34
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    Quote Originally Posted by Peter View Post
    David. Yes i have sent all my evidence for mr and will be going to appeal i just dont know if i need to tell them about my changes when i have the operation and if it would make a differance or if i would be better to wait and then go again if i dont get the result i want.
    Unless you are a clairevoyant and can predict the future, you have no changes to tell them about.
    You do have the option of starting a new claim anyway, provided that you don't have an award in payment. Although this is a semi risky strategy, it would give you a jumpstart on any new condition following your op.
    Anything expressed is my opinion only and is offered in good faith. It is either from my own experiance or what I have learned on my journey. Take it for what it is or leave it alone. With best wishes D.

  5. #35
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    David. I am awaiting MR atm and if that fails (as i expect it to based on the advise i have been given and the results others have with MR) i will be going to appeal. I dont intend to cancel anything atm but i also dont need to be clairvoint to know that having 2 vertabrae removed and a piece of my hip and two metal rods fused into my spine will take a little while to recover from. I have a feeling this will be happening within the next few months as i have waited 10 months now for it and was told i would only have to wait approx 6 weeks. I am unsure about what to tell the dwp when this happens and i am trying to find answers now rather than later as i may be unable to look then.thanks for your advise . I am just trying to get my ducks in a row atm as in hindsight i believe i could have done better with the esa form and the medical was a farce. Peter.

  6. #36
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    I have been to appeal once before and it was not as bad as i expected but they would not look at anything that happened after my medical and just told me to make a fresh claim for esa i did and went to atos and after a long drawn out battle was awarded 37 points then 18 months later maximus scored me zero points and thats where we are at now.

  7. #37
    Senior Member nukecad's Avatar
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    The way a tribunal works is that they consider how you were at the time of the WCA/decision.

    It is that decision that you are appealing against.

    They are a law court, and by law that is all they can look at.

    They cannot, and will not, consider anything that has changed since then.
    I'm intelligent enough to know that I don't know everything.
    But I'm good at searching for, and finding, stuff.


    Migration from ESA to Universal Credit- Click here for the facts

  8. #38
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    Nukecad. So what do i do if my condition becomes worse ? This appeal could take ages to go through and my operation is long over due and i know it will ta?e time to recover from do i not need to tell them about it ? I am claiming jsa atm but will be trying to go back onto esa till the appeal is heard if i fail at MR.

  9. #39
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    Quote Originally Posted by Peter View Post
    Nukecad. So what do i do if my condition becomes worse ? This appeal could take ages to go through and my operation is long over due and i know it will ta?e time to recover from do i not need to tell them about it ? I am claiming jsa atm but will be trying to go back onto esa till the appeal is heard if i fail at MR.
    Peter you answered this question yourself at post #36.

  10. #40
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    Slipmaster. So i just keep going as is and then reapply if i lose ? Sorry if i am repeating myself i get lost sometimes :-)
    This whole thing seems pointless on there behalf if i can just start again if i lose.
    Thanks in advance .peter

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