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ESA Appeal Procedure/Etiquette
- Dave Russell
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11 years 9 months ago - 11 years 9 months ago #109236 by Dave Russell
ESA Appeal Procedure/Etiquette was created by Dave Russell
ESA Appeal Question.
Thank you all for a very informative and enlightening resource.
I have studied the forums regarding appeals, but I have been unable to find some information I require or perhaps where I might get it from. I'm sure the answer may be here and my research skills need improving. Perhaps some one can put me out of my misery.
I'm seeking some advice/suggestion as to appeals etiquette/procedure during the actual appeal hearing and the appeals submission prior to the hearing. I am in the process of appealing and have the medical arguments laid down in my submission and why the DWP has got their facts wrong and opinion at best flawed, and at worst downright bizarre. I have my arguments against me being Wragged instead of Support Group after recieving 20 years of Incapacity benefit after mandatory retirement from the NHS due industrial an accident and resulting injuries as a trained nurse.
My arguments against being WRAGGED are fairly straight forward because the DWP appears to be ignoring the advice of their own HCP and my GP and doing their utmost to discredit evidence and inferring use of wheelchair will perform a miracle of biblical proportions etc. I have spent the past 20 years keeping out a wheel chair, and I will not ruin all that hard work just because they think it's acceptable to suggest using a wheel chair because its easier and no evidence to support that it is necessary or has the slightest medical benefit. Further I am of the opinion that the use of a wheelchair should only be considered in the interests of the patient and not as a political fix to force people in to nicely labeled categories. There are a number of other issues and also legal points that I have concerns about.
My question is, when is the correct time to introduce legal arguments and points of law. Should this be as part of your submission to the 1st Tier Tribunal perhaps at the end of all the medical stuff and using any case law that might be applicable to your case ,or would it be usual to ask for an appeal to UT and then use the legal arguments if 1st tier appeal fails. . I guess my feeling is that I don't want to go shooting from the hip when the medical arguments alone may be all that is required. However, I don't want to loose the opportunity to raise the legal concerns I have and matters of law that are appropriate concerns.
I hope this doesn't sound hot headed. I'm no solicitor, if I was I woundnt be asking, but there are concerns I have regarding UK law and ECHR. I also have and some complaints about non document disclosure, Data Protection issues and procedural worries. Unfortunately, legal advice from a solicitor is not an option I can afford. I have no choice but to deal with this myself.
Thanks for any help, and hope I have posted this in the right area.
Thank you all for a very informative and enlightening resource.
I have studied the forums regarding appeals, but I have been unable to find some information I require or perhaps where I might get it from. I'm sure the answer may be here and my research skills need improving. Perhaps some one can put me out of my misery.
I'm seeking some advice/suggestion as to appeals etiquette/procedure during the actual appeal hearing and the appeals submission prior to the hearing. I am in the process of appealing and have the medical arguments laid down in my submission and why the DWP has got their facts wrong and opinion at best flawed, and at worst downright bizarre. I have my arguments against me being Wragged instead of Support Group after recieving 20 years of Incapacity benefit after mandatory retirement from the NHS due industrial an accident and resulting injuries as a trained nurse.
My arguments against being WRAGGED are fairly straight forward because the DWP appears to be ignoring the advice of their own HCP and my GP and doing their utmost to discredit evidence and inferring use of wheelchair will perform a miracle of biblical proportions etc. I have spent the past 20 years keeping out a wheel chair, and I will not ruin all that hard work just because they think it's acceptable to suggest using a wheel chair because its easier and no evidence to support that it is necessary or has the slightest medical benefit. Further I am of the opinion that the use of a wheelchair should only be considered in the interests of the patient and not as a political fix to force people in to nicely labeled categories. There are a number of other issues and also legal points that I have concerns about.
My question is, when is the correct time to introduce legal arguments and points of law. Should this be as part of your submission to the 1st Tier Tribunal perhaps at the end of all the medical stuff and using any case law that might be applicable to your case ,or would it be usual to ask for an appeal to UT and then use the legal arguments if 1st tier appeal fails. . I guess my feeling is that I don't want to go shooting from the hip when the medical arguments alone may be all that is required. However, I don't want to loose the opportunity to raise the legal concerns I have and matters of law that are appropriate concerns.
I hope this doesn't sound hot headed. I'm no solicitor, if I was I woundnt be asking, but there are concerns I have regarding UK law and ECHR. I also have and some complaints about non document disclosure, Data Protection issues and procedural worries. Unfortunately, legal advice from a solicitor is not an option I can afford. I have no choice but to deal with this myself.
Thanks for any help, and hope I have posted this in the right area.
Last edit: 11 years 9 months ago by Gordon.
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- Gordon
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11 years 9 months ago - 11 years 9 months ago #109246 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Appeal Procedure/Etiquette
DR
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
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Have a look at the following in regard to Tribunal procedure.
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
MOJ Video of ESA Appeals Process and Tribunal
Tribunals are inquisitive, this means they will ask you questions about your limitations and you should be given a short period at the end to make a short statement. There is no presentation of the prosecution case, followed by the defence, so any points you want to get across and any legal references should be included in your submission and only referred to in your final statement.
I understand what you mean about the use of a wheelchair, but it is important that you understand the legal position. There is no requirement for the usage to be advised or in the interest of the claimant, all it has to be is reasonable.
So the use of a manual wheelchair is assumed unless the claimant can show that they would be unable to use one due to physical health restrictions, this may be due to upper body problems such as Arthritis in the shoulders or hands, or due to lack of capability, for example due to heart or lung problems.
You can also show that it is not reasonable for you to use a manual wheelchair, this may be because of physical restrictions, for example you live in a flat and there is no lift, or because of medical advice the usage is precluded, perhaps you have been specifically advised by a doctor not to use one in order to maintain the mobility of your legs.
If you want further qualification of these points, please reply to this post.
Gordon
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
Have a look at the following in regard to Tribunal procedure.
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
MOJ Video of ESA Appeals Process and Tribunal
Tribunals are inquisitive, this means they will ask you questions about your limitations and you should be given a short period at the end to make a short statement. There is no presentation of the prosecution case, followed by the defence, so any points you want to get across and any legal references should be included in your submission and only referred to in your final statement.
I understand what you mean about the use of a wheelchair, but it is important that you understand the legal position. There is no requirement for the usage to be advised or in the interest of the claimant, all it has to be is reasonable.
So the use of a manual wheelchair is assumed unless the claimant can show that they would be unable to use one due to physical health restrictions, this may be due to upper body problems such as Arthritis in the shoulders or hands, or due to lack of capability, for example due to heart or lung problems.
You can also show that it is not reasonable for you to use a manual wheelchair, this may be because of physical restrictions, for example you live in a flat and there is no lift, or because of medical advice the usage is precluded, perhaps you have been specifically advised by a doctor not to use one in order to maintain the mobility of your legs.
If you want further qualification of these points, please reply to this post.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 9 months ago by Gordon.
The following user(s) said Thank You: Dave Russell
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- bro58
11 years 9 months ago - 11 years 9 months ago #109250 by bro58
Replied by bro58 on topic ESA Appeal Procedure/Etiquette
Hi,
Have you read this topic in the Spotlight section above the forum? :
www.benefitsandwork.co.uk/forum?view=top...id=10&id=87202#87202
bro58
Have you read this topic in the Spotlight section above the forum? :
www.benefitsandwork.co.uk/forum?view=top...id=10&id=87202#87202
bro58
Last edit: 11 years 9 months ago by bro58.
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- Dave Russell
- Topic Author
11 years 9 months ago #109252 by Dave Russell
Replied by Dave Russell on topic ESA Appeal Procedure/Etiquette
Thank you so much.
I now have a better idea of what is expected. I will also take on board what you said about wheel chair use. I had physio some years ago and the advice was to keep on my pins using sticks/crutches. From an ex proffesional point of view, whilst wheelchairs are abasoulutely essential for some conditions for others if you can avoid the use of a wheelchair, then that may be a more sensible option.
Thank you again.
I now have a better idea of what is expected. I will also take on board what you said about wheel chair use. I had physio some years ago and the advice was to keep on my pins using sticks/crutches. From an ex proffesional point of view, whilst wheelchairs are abasoulutely essential for some conditions for others if you can avoid the use of a wheelchair, then that may be a more sensible option.
Thank you again.
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- Dave Russell
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11 years 9 months ago #109253 by Dave Russell
Replied by Dave Russell on topic ESA Appeal Procedure/Etiquette
Hi,
I will do so now.
Thank you for your assistance.
I will do so now.
Thank you for your assistance.
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- Gordon
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11 years 9 months ago #109256 by Gordon
It is important that any reasons you might have for not using a manual wheelchair are supported by evidence, your statements alone are unlikely to be sufficient.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Appeal Procedure/Etiquette
Dave Russell wrote: Thank you so much.
I now have a better idea of what is expected. I will also take on board what you said about wheel chair use. I had physio some years ago and the advice was to keep on my pins using sticks/crutches. From an ex proffesional point of view, whilst wheelchairs are abasoulutely essential for some conditions for others if you can avoid the use of a wheelchair, then that may be a more sensible option.
Thank you again.
It is important that any reasons you might have for not using a manual wheelchair are supported by evidence, your statements alone are unlikely to be sufficient.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Dave Russell
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