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LOST ESA APPEAL TO BE PLACED IN SUPPORT GROUP

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11 years 11 months ago - 11 years 11 months ago #105942 by sara
Hi bro58, Thank you again. Yes we did use your guides and we provided a Doctors letter but the Tribunal Doctor said that as I could lip read him (he shouted and talked with exaggerated movements) then I had no problems but obviously in real life the circumstances in which I have to hear are not like that at all and my life is in fact extremely difficult. I really do not believe that he would have allowed any descriptor to have applied to my deafness despite letters from my GP and Audiologist. My eating problems which are exacerbated by stress were dismissed - the Doctor asked if anyone had to literally spoon feed me and when I answered no he said they did not apply. I don't think I was going to win from the outset. I am very grateful for all your advice and will consider it very carefully.
Last edit: 11 years 11 months ago by .

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11 years 11 months ago #105944 by

sara wrote: Hi bro58, Thank you again. Yes we did use your guides and we provided a Doctors letter but the Tribunal Doctor said that as I could lip read him (he shouted and talked with exaggerated movements) then I had no problems but obviously in real life the circumstances in which I have to hear are not like that at all and my life is in fact extremely difficult. I really do not believe that he would have allowed any descriptor to have applied to my deafness despite letters from my GP and Audiologist. My eating problems which are exacerbated by stress were dismissed - the Doctor asked if anyone had to literally spoon feed me and when I answered no he said they did not apply. I don't think I was going to win from the outset. I am very grateful for all your advice and will consider it very carefully.


Hi s,

Please keep us updated when you decide what course of action to take. :)

bro58

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11 years 11 months ago - 11 years 11 months ago #105951 by
Hi s,

Just to clarify, if you were to request a supersession, you would only have to prove that your condition had changed/deteriorated, or that you suffered from different conditions that may then qualify you under at least one of The SG Descriptors, since the time of the original adverse WRAG decision appealed, not since the time of the Tribunal's decision.

bro58
Last edit: 11 years 11 months ago by .

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11 years 11 months ago - 11 years 11 months ago #105992 by sara
Thanks again for your advice. Would you be so kinds as to tell me what the procedure is to apply for supersession?
Last edit: 11 years 11 months ago by Gordon.

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11 years 11 months ago #105994 by Gordon

sara wrote: Thanks again for your advice. Would you be so kinds as to tell me what the procedure is to apply for supersession?


All you need to do is write to your local DWP office requesting a Supersession on the basis of a deterioration of your existing condition or a new condition which you believe means that you now meet the criteria for the Support Group.

You should expect to be sent a new ESA50 and will likely have to attend an assessment.

Can I remind you

Is there any risk to challenging a decision?

You should also be aware that you will be assessed under the current Descriptors and Regulations so you should review the current ESA guides before proceeding to ensure that you have a reasonable case.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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11 years 11 months ago #105996 by sara
Thank you very much indeed. I appreciate your help. I will update you when I have more info. Thanks again.

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