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ESA Appeal
- julia
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11 years 7 months ago - 11 years 7 months ago #113108 by julia
Replied by julia on topic ESA Appeal
Well today was the big day.
I went to my appeal with my husband .
My husband and I had read the links on your website and reviewed the appeal notes. We had got copies of all my notes from my GP and got GP to write a letter describing my situation and why I was not fit for work. If I was going to score points then it was due to the physical problems I have because of my neck.
We had also watched a video link you had posted on another thread about the appeal process and I would recommend watching it as it gives you an idea of what happens on the day.
On arrival we gave copies of all my medical notes to the clerk who copied them and gave them to the doctor who was reviewing my case.
The appeal was heard by a judge and a doctor. It was very nerve wracking and the doctor crossed examined me in detail . We tried to argue that the scoring was not accurate and we gave details of what I could and could not do.
I was asked questions on whether i could pick up a pint of milk , a litre of milk , a coin. Could I use a mobile phone , knife or fork. Could i put on a hat, could i use a keyboard. did i go shopping , how did i pay for things,etc. could i lift an empty cardboard box. What did i do all day , did i watch tv , read a book, and all sort of questions that tried to trip you up. It was tough but I stuck to my guns and answered all the questions as well as giving examples of what everyday tasks I could not do.
After that the judge asked us to leave whilst they considered the facts.
I broke down and cried in the waiting room and we felt that we would not win my appeal.
However Judge called us back in and said on considering evidence that I was not fit for work and my appeal was upheld and I would receive a letter on next few days.
What a day ! Not sure what it means but hopefully I can now get some benefits paid back. Be interested if people know the rates and whether I can get it back dated.
To all you people out there don't give up and make us of the info on this forum and if you can write down what you want to say and make the effort to go to a verbal hearing as it can make a difference .
( This has been typed by my husband on my behalf )
I went to my appeal with my husband .
My husband and I had read the links on your website and reviewed the appeal notes. We had got copies of all my notes from my GP and got GP to write a letter describing my situation and why I was not fit for work. If I was going to score points then it was due to the physical problems I have because of my neck.
We had also watched a video link you had posted on another thread about the appeal process and I would recommend watching it as it gives you an idea of what happens on the day.
On arrival we gave copies of all my medical notes to the clerk who copied them and gave them to the doctor who was reviewing my case.
The appeal was heard by a judge and a doctor. It was very nerve wracking and the doctor crossed examined me in detail . We tried to argue that the scoring was not accurate and we gave details of what I could and could not do.
I was asked questions on whether i could pick up a pint of milk , a litre of milk , a coin. Could I use a mobile phone , knife or fork. Could i put on a hat, could i use a keyboard. did i go shopping , how did i pay for things,etc. could i lift an empty cardboard box. What did i do all day , did i watch tv , read a book, and all sort of questions that tried to trip you up. It was tough but I stuck to my guns and answered all the questions as well as giving examples of what everyday tasks I could not do.
After that the judge asked us to leave whilst they considered the facts.
I broke down and cried in the waiting room and we felt that we would not win my appeal.
However Judge called us back in and said on considering evidence that I was not fit for work and my appeal was upheld and I would receive a letter on next few days.
What a day ! Not sure what it means but hopefully I can now get some benefits paid back. Be interested if people know the rates and whether I can get it back dated.
To all you people out there don't give up and make us of the info on this forum and if you can write down what you want to say and make the effort to go to a verbal hearing as it can make a difference .
( This has been typed by my husband on my behalf )
Last edit: 11 years 7 months ago by Gordon.
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- slugsta
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11 years 7 months ago #113116 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic ESA Appeal
I am very glad to hear your news Julia. Thanks for letting us know, it does give our members hope when they hear of someone who persevered and got the right decision eventually

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- Mags
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- Posts: 225
11 years 7 months ago #113117 by Mags
Replied by Mags on topic ESA Appeal
Hi Julia
Congrats on winning your appeal and I'm sorry to hear it took it toll on you, hope you get your money back soon.
Mags
Congrats on winning your appeal and I'm sorry to hear it took it toll on you, hope you get your money back soon.
Mags
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- Gordon
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11 years 7 months ago #113120 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Appeal
Julia
Congratulations on the result
I am afraid nobody should expect an easy ride at a Tribunal, but providing you are well prepared then you can win these hearings and get the benefits that you deserve.
Gordon
Congratulations on the result

I am afraid nobody should expect an easy ride at a Tribunal, but providing you are well prepared then you can win these hearings and get the benefits that you deserve.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- bro58
11 years 7 months ago - 11 years 7 months ago #113122 by bro58
Replied by bro58 on topic ESA Appeal
Well Done J !!! 
bro58

bro58
Last edit: 11 years 7 months ago by bro58.
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- an ex nurse
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11 years 7 months ago #113125 by an ex nurse
Replied by an ex nurse on topic ESA Appeal
Well done julia. A friend of mine is awaiting an appeal and seeing the psychological toll it is taking on her is terrible. I will tell her of your success and I am sure it will spur her on. it was brave of you to see it through. best wishes and try to sleep well tonight.
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