hello,advice failed appeal esa,point of law for hi

sunshine

To try and answer your questions.

As this is a new claim for ESA, ATOS and the DWP will only use the information you supply on and with your current ESA50.

Again, as this is a new claim, should you be successful your monies will only be back dated to the beginning of week 14 of your claim.

With regard you challenging your appeal result.

It is difficult for us to give advice on whether an Error of Law has occurred without sight of the paper work which is obviously not practical on the forum. As a general rule and error of fact in the Statement of Reasons is not sufficient in itself to challenge the Decision, you must also show that due to that error the panel came to an incorrect conclusion on your case.

I would recommend that you get face to face advice from a an advisor with experience of appealing to the Upper Tribunal, they can help you make an informed Decision about whether to appeal or not. Legal Aid is available for claimants appealing to the Upper Tribunal.

To find an advisor, do an internet search for "welfare advice" and you postcode, town or county.

Please make sure that you use the latest guides, as the ESA Descriptors and Regulations were updated in January 2013.

www.benefitsandwork.co.uk/help-for-claimants/esa

Gordon

sunshine wrote: thnk you . but why only back dated to week 14of claim? my new claim is dated aprox beginng december2013.


Just making absoluely sure so my new esa claim wil not be linked/added to/refered to /know the outcome previous claim or previous appeals?

so they would be looking at me as a completley new fresh esa person?

I only stress the point to confirm, as it seems crazy that as soon as appeal is refused you can claim again, propably giving the me details.

?? is more info and detail the best way to go? when giving long copies of doctors letters is it good idea to highlight with pen the main/major points?

This is a new claim so there is a 13 Assessment period, you were not required to go through this when you were transferred from IB, the main component is not payable during this period; only the ESA Assessment rate.

It is a new claim, the only things that will be considered in the making of a Decision will be your ESA50, any evidence attached to it and the results of the assessment.

Gordon

Sunshine

Legal aid is available to claimants appealing to the Upper Tribunal . You should only require one Error of Law for your appeal to be considered.

As to your DLA appeal, if you issue is pain, then it is very difficult to prove as it is often very subjective. A good start would be to investigate the level of pain killers you are taking although this can count against you, I have heard of HCPs say "you cannot possibly be in pain after taking all of those tablets"

That said, the test for DLA is severe discomfort, whilst there is no clear definition of what this is, it is accepted that it is less than severe pain, it is also accepted that severe discomfort is not limited to feelings of pain, for example someone who is less breathless after walking may be considered to be in severe discomfort.

Apart from the above. go back through the assessors report in conjunction with our DLA guides, the panel will likely be using this as their primary reference for their questions, this will help you frame your answers in a constructive manner.

The last thing to look for are inconsistencies, in either the assessors report or your original claim form, for example; saying that you can walk a certain distance in a particular time and then doing so later with a totally different time.

Gordon