Preparing ESA letter to appeal at tribunAl

Ok I'm struggling. I'M having problems just using this site so here go's. I was on incapacity benefit, they sent me for medical for the ESA, I lost, I asked again for them to look at it, lost again, now going to a tribunal. I can gather all the evidence but I struggle with memory and writing and how and what to put down, I'm trying to take some of the burden off my husband who's suffers from dyslexia and is in full time work. The statement I had back which contained nil points was not about me in places there was blatant lies, so not only do I have to prove I'm ill and a danger I also have to say the medical examiner or if he was at all, a liar. Some of the questions I was never asked. Do I ignore his lies or concentrate on my health or both.

Hi Flyfly,

You should concentrate your efforts on showing which descriptors you meet and why. Of course, to do this you might need to challenge the HCP report, but this should not be the body of your appeal.

Qualifying for the WRAG

Qualifying for the Support Group

How to submit an appeal

As you say you are having problems using this site, you might find this helpful

Welcome to Benefits and Work

You would benefit from getting personal advice, but this is getting more and more difficult as places have their funding cut

Where to get advice?


The rest of our appeals FAQs are here

Appeal FAQs

I suggest that you bookmark this topic, or make it a favourite on your web browser, so that you can find it easily in future. Then you can come back if you need to refresh your memory or ask further questions .

Thankyou, that's helped a lot. I do have a lot of evidence but its getting it in writing and challenging it the problem. I'm constantly chasing medical letters that have not been sent to GP and test results too. People are making mistakes and I'm getting the brunt end of it, trying to correct them. But that's great news I can work on the descriptors is my priority. Silly question how to I challenge the report?

That's lovely thank you. I will continue on the descriptors side. How do I challenge the report though? I have plenty evidence but I'm not good with words. I'm picking little things up as I go along but then I struggle to remember, so battling all sides at moment.

Flyfly123 wrote: That's lovely thank you. I will continue on the descriptors side. How do I challenge the report though? I have plenty evidence but I'm not good with words. I'm picking little things up as I go along but then I struggle to remember, so battling all sides at moment.

Hi Ff123,

If you wish to point out any discrepancies within the report, you should highlight any relevant extracts, and cross reference them to any contradictory evidence that you may have.

Then tie this in with the Descriptors that are relevant to each discrepancy.

If you wish to challenge the HCP's assumptions, you can simply refute them as being incorrect, giving reasons.

As MHB has stated, the important issue is to show how and why you fulfill the qualifying descriptors.

bro58

I'm getting it now, thank you. Will try over the weekend to get something down. I just didn't want to bombard them, I would prefer to get to the point, but I don't thinks that's going to be the case.