ESA - wrong group!!

L70

Welcome to the forum.

I've moved your post to it's own topic to avoid confusion with what had already been posted!

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There is no requirement for a claimant to have a Representative, in fact the vast majority of claimants are unable to find representation now that Legal Aid has been removed from First Tier Tribunals, so your not having one will not hurt your case.

You mention the Mobilising Descriptor, you may be aware of this, but in case you are not; this is not a walking test, you must also show that you cannot propel a manual wheelchair over an equivalent distance, whether you use or even own one is not relevant as long as the usage is relevant.

If you have not already done so have a look at our ESA MR & Appeal guide and our ESA Claim guides.

www.benefitsandwork.co.uk/help-for-claimants/esa1

There is also a guide to giving evidence about your ability to walk which may be relevant (in part) in our DLA section

www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals

and the following FAQs may be of assistance.

Qualifying for the Support Group

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

Good practice for those appealing

If you have further questions please reply to this post and we will do our best to help.

Gordon

Lorry70 wrote: Hi yes I am unable to do a manual wheelchair as I have can't lift one of my arms without pain . Do I put my husbands name down as a representative or leave that. I saw that you can do a submission for the appeal does that get put in the post with my SSCS1 form or do we send that later. Thank u

Your husband can act as your representative (small r) but I would not put him forward as a Representative (capital R) as the tribunal will assume responsibilities that he will likely be unable to fulfil, so I would leave it blank, you can always notify the TS is you actually find a Representative.

You do not need to send any detailed submission or additional evidence with the SSCS1, this can all be sent later (see below). Once the appeal has been accepted by the TS and they have notified the DWP then you should start to receive the ESA Assessment rate. If you claimed JSA while you had your MR then this should be closed and your ESA re-instated. You will need to provide a new Fit Note either from the day after your ESA Decision if you did not claim JSA or from the day after your JSA claim is closed if you did.

Once the DWP receive the appeal they will prepare their case, in practice this is just a covering document and all of the documentation used in the making of the Decision, once this is submitted you have one month to prepare and submit your own documents, this may be longer, if it is then you can continue to submit information up to 7 days before the hearing although we recommend that you aim to have everything with them no later than 14 days before the date.

Gordon