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Thread: ESA Appeal Date Set

  1. #1
    New Member
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    Mar 2014
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    ESA Appeal Date Set

    I'm quite late in joining this forum, its my husband who is appealing an ESA decision in which he was awarded 0 points. I've a couple of questions I'm hoping some experienced members may be able to help with. He sent his appeal form off in February, 2 weeks or so ago we received a letter stating it may be some time and then today we have had a letter stating the date is 9th April. I can't believe its came so fast and now am in quite a panic.

    He is receiving support from the CAB, I'm a little worried that she only seems to be aiming for the WRAG group and has not discussed support group with him although I feel his disabilities warrant the support group - he is definitely not fit to work. The CAB have advised that a letter from family member in support of his application would not be considered by the tribunal, but the DLS recommend it in their guidelines to appealing decisions. Does anyone have any input on that?

    Also with regards to the developments since the decision not being relevant, if he had been referred to a chronic pain clinic and had a suspected diagnosis at the time of assessment which was mentioned to the assessor (though not stated in the report) is the confirmed diagnosis now worth discussing? The symptoms were all there at the time of assessment although his health had worsened significantly between the time of filling out the ESA50 and assessment as there was almost a year in between!

    Any advice appreciated x

  2. #2
    Senior Member
    Join Date
    Dec 2012
    Posts
    2,782
    Appeal Hearings are coming through far quicker now as it seems the DWP are getting far more decisions right first time or at the Mandatory Reconsideration stage.

    I think CAB may be right in what they've said: firstly about letters from family members, you have to bare in mind, this is an ESA (work related) Tribunal not a DLA/PIP (care related) hearing. And, also WRAG is a far more realistic prospect, should you be successful, rather than Support Group which is notoriously difficult to obtain and particularly more so coming from a Fit for Work decision, as is the case here.

    Though, that's not saying that you can't mention your SG belief when you formulate the submission, which is what you have to do now, you will need to familiarize yourselves with the Support Group (Schedule 3) Descriptors in relation to husbands condition for this.
    If this new diagnosis relates directly to symptoms which you made clear in the original ESA50 or the evidence submitted with it, draw attention to the fact preferably with a doctors letter. Other than that you can simply attach copies of the diagnosis, explaining the matter and let them make of it what they will.

    Good luck with it

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