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Thread: Lost ESA Tribunal Appeal

  1. #11
    Senior Member acheron's Avatar
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    Hi SQ not much around 5-6 pounds I think don;t know about the SDP

    some people probably would love to work I would but too ill but from what I've read about wrag doesn't seem to be many getting work anyway just a way to cut benefits

  2. #12
    Senior Member andypandy's Avatar
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    Quote Originally Posted by Jard View Post
    I think it unusual you have been awarded DLA at MC & HM without a proper diagnosis, can you elaborate on it.
    I had no diagnosis when I was awarded DLA HRM & HRC, remember the diagnosis has nothing to do with DLA, but how you are affected, so I don't think the OP needs to explain anything here IMHO
    Last edited by andypandy; 07-27-2013 at 09:45 PM.

  3. #13
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    Okay,

    So I've just returned home and I had another letter waiting for me, confirming that I have indeed lost my tribunal appeal.

    I originally lost ESA on January 15th, so as it's now August 1st it means I can reapply, yes? Or can I not reapply until 6 months from the date of the hearing?

    If I can, I'll reapply today and start the ball rolling once again.

  4. #14
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    Quote Originally Posted by Peachtwist View Post
    Okay,

    So I've just returned home and I had another letter waiting for me, confirming that I have indeed lost my tribunal appeal.

    I originally lost ESA on January 15th, so as it's now August 1st it means I can reapply, yes? Or can I not reapply until 6 months from the date of the hearing?

    If I can, I'll reapply today and start the ball rolling once again.
    YES: You can reapply now, 6 months from original decision date, as you have DLA at HRM & MRC you clearly show a high level of disability try and concentrate on the evidence that shows that in respect of the ESA descriptors in your fresh application.

    Good luck with it

    NB: probably best to get some help from CAB or some other advice organisation and get it done has proficiently has you possibly can.
    Last edited by Jard; 08-01-2013 at 11:14 AM.

  5. #15
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    And if your next ESA application ends up at appeal make sure you attend the Tribunal as you have a much better chance of overturning it if you are there in person.

  6. #16
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    Thanks. I'll be re-applying today.

    Just something quick, though.

    The 90 page document I received, I'm looking at it and the front letter tell me it's dated July 23rd 2013, however the 2nd page says this:

    Date of decision : 15-Jan-2013
    Date decision notified : 15-Jan-2013
    Date of reconsideration : 22-Apr-2013
    Date appeal received: 28-Jan-2013

    I'm a bit confused by this. There was no "reconsideration" -- there was only the tribunal appeal and after having been through all 90 pages, I don't see any of the evidence I sent in at the end of June/early July. Nothing about it is there.

    Have they ignored it?

  7. #17
    Senior Member beau's Avatar
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    Reconsideration is always done on appeal as a matter of course before being forwarded to the tribunal service if the original decision has not been changed.

  8. #18
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    In your bundle you will see 2 (different) DM's reports the first will be for the original decision, the second will be the reconsideration.
    I would imagine you sent that evidence you speak of - after the evidence bundle was sent to both you and the Tribunal Service, so it would be separate at the hearing.

  9. #19
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    after reading through this thread it seems that if my wife loses her upcoming tribunal she can immediately reapply for esa..does that mean though that she will remain on the basic benefit she has been recieving while waiting for the tribunal?

  10. #20
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    how did u get lose ur appeal so quickly? how long did u wait?

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