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Telephone call on day of tribunal...
- queenlatifa
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13 years 4 months ago #88404 by queenlatifa
Telephone call on day of tribunal... was created by queenlatifa
I'll try and keep this short...
I was on IB then received pack to apply for ESA. Filled it in and attended medical assessment.
I naively thought that my medical would be enough but I had a letter saying I didnt qualify. I appealed and asked my consultant for a medical report. I'm one of those people that outwardly "look fine" but my medical report includes CT scans which no-one can deny. I received my medical report months later - 6 days before the tribunal. I phoned the tribunal and they said to scan them and email them in. I did so. 6 days later on the morning of the tribunal I had a telephone call saying my appeal had been allowed. I've had a letter of decision saying I am in the support group.
The accompanying letter says that its basically up to the DWP now. Do I just wait to hear from them?
the other thing I'd like to know is, should I request a Statement of Reasons? The reason I ask is because I am also receiving DLA. When this changes over to PIP, would it be advantageous for me to have the Statement of Reasons from my ESA appeal?
Thank you in advance
I was on IB then received pack to apply for ESA. Filled it in and attended medical assessment.
I naively thought that my medical would be enough but I had a letter saying I didnt qualify. I appealed and asked my consultant for a medical report. I'm one of those people that outwardly "look fine" but my medical report includes CT scans which no-one can deny. I received my medical report months later - 6 days before the tribunal. I phoned the tribunal and they said to scan them and email them in. I did so. 6 days later on the morning of the tribunal I had a telephone call saying my appeal had been allowed. I've had a letter of decision saying I am in the support group.
The accompanying letter says that its basically up to the DWP now. Do I just wait to hear from them?
the other thing I'd like to know is, should I request a Statement of Reasons? The reason I ask is because I am also receiving DLA. When this changes over to PIP, would it be advantageous for me to have the Statement of Reasons from my ESA appeal?
Thank you in advance
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- Gordon
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13 years 4 months ago #88412 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Telephone call on day of tribunal...
QL
Congratulations on the award.
It may be worth you contacting the DWP to confirm that they have received the Tribunal Decision, as this often takes a protracted time to get to the right department, if not, then you can fax them a copy.
With regard to requesting a SoR, you need to be aware that a copy will also be sent to the DWP. Requesting a SoR is a pre-requisite to appealing the Decision, in all liklihood the DWP will not do this however, you are presenting them with an opportunity to do so.
With regard to using the SoR for PIP, the transfer does not start for over a year, and even them it will be only a limited number of claimants effected, it may well be a two or more years before you are actually transferred, so you should think about how relevant the document would actually be by then.
Gordon
Congratulations on the award.
It may be worth you contacting the DWP to confirm that they have received the Tribunal Decision, as this often takes a protracted time to get to the right department, if not, then you can fax them a copy.
With regard to requesting a SoR, you need to be aware that a copy will also be sent to the DWP. Requesting a SoR is a pre-requisite to appealing the Decision, in all liklihood the DWP will not do this however, you are presenting them with an opportunity to do so.
With regard to using the SoR for PIP, the transfer does not start for over a year, and even them it will be only a limited number of claimants effected, it may well be a two or more years before you are actually transferred, so you should think about how relevant the document would actually be by then.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- queenlatifa
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13 years 4 months ago - 13 years 4 months ago #88423 by queenlatifa
Replied by queenlatifa on topic Re:Telephone call on day of tribunal...
Thanks Gordon
I didnt realise that only a limited number would be affected. I just thought they would be doing them all.
With the SoR, what I dont know is if they actually had my medical report in the tribunal or if they made the decision on the form I filled in and medical assessment. I'm assuming they had the medical report as well but I dont know.
I didnt realise that only a limited number would be affected. I just thought they would be doing them all.
With the SoR, what I dont know is if they actually had my medical report in the tribunal or if they made the decision on the form I filled in and medical assessment. I'm assuming they had the medical report as well but I dont know.
Last edit: 13 years 4 months ago by .
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- Gordon
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13 years 4 months ago - 13 years 4 months ago #88436 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Telephone call on day of tribunal...
QL wrote:
Gordon
They are doing everybody of working age, however, the project will take 2-3 years to complete, you might be transferred at the beginning or at the end.Thanks Gordon
I didnt realise that only a limited number would be affected. I just thought they would be doing them all.
If you had a medical, then the report should have been in the evidence pack that you received, and therefore would have been considered by the Tribunal Panal.With the SoR, what I dont know is if they actually had my medical report in the tribunal or if they made the decision on the form I filled in and medical assessment. I'm assuming they had the medical report as well but I dont know.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 13 years 4 months ago by Gordon.
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