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6 points to 18
- chrissyb
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13 years 5 months ago #58976 by chrissyb
6 points to 18 was created by chrissyb
I had my tribunal today and went from 6 points to 18 and placed in the WRAG however I feel I should have been placed in the support group under the able to walk less than 30 mtrs descriptor. I am in constant, severe pain (using a morphine patch but was not when originally claimed ESA)therefore I cannot walk anywhere without severe pain and discomfort.
Is it worth taking my case any further? Also do I need to still send in sicknotes in the WRAG?
Chrissy
Is it worth taking my case any further? Also do I need to still send in sicknotes in the WRAG?
Chrissy
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- Gordon
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13 years 5 months ago #58977 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:6 points to 18
Chrissy
First, well done for your Tribunal result.
You'll need to provide Fit notes until the DWP confirm the Tribunal decision, but after that you will not need to.
You have two options with regard to the Support Group and both need thought before pursuing them.
First you can appeal to the Upper Tribunal, however, you can only do so if you cans how that there has been an error of law or of procedure in the Tribunals finding. To do this you will need advice from someone who has experience of this process, it is not something a claimant would be expected to do on their own.
Secondly, if you believe you meet the Support Group criteria and have evidence to support this, you can make a new application for ESA based on a deteriorating condition, however, you need to be aware that this will be treated as a full assessment, and you run the risk of losing your existing claim and having to go through the appeal process again.
I hope this explains it, if you want a better understanding of either option, please come back to the forum.
Gordon
First, well done for your Tribunal result.
You'll need to provide Fit notes until the DWP confirm the Tribunal decision, but after that you will not need to.
You have two options with regard to the Support Group and both need thought before pursuing them.
First you can appeal to the Upper Tribunal, however, you can only do so if you cans how that there has been an error of law or of procedure in the Tribunals finding. To do this you will need advice from someone who has experience of this process, it is not something a claimant would be expected to do on their own.
Secondly, if you believe you meet the Support Group criteria and have evidence to support this, you can make a new application for ESA based on a deteriorating condition, however, you need to be aware that this will be treated as a full assessment, and you run the risk of losing your existing claim and having to go through the appeal process again.
I hope this explains it, if you want a better understanding of either option, please come back to the forum.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- chrissyb
- Topic Author
13 years 5 months ago #58978 by chrissyb
Replied by chrissyb on topic Re:6 points to 18
Thanks for the advice Gordon.
I have emailed my Welfare Officer, who did not attend the Tribunal with me my husband did, as she thought I'd put a good enough case together partly with the forums help. I've also asked her advise of my next move.
I'm still a bit shell shocked after the trauma of the tribunal. The lady judge was lovely but the lady doctor was very ignorant. She fired question after question at me but never once looked up at me but kept staring at a piece of paper in front of her. I could see it was not a sheet full of questions, I recognised it as a copy of just 1 of the sheets from my original claim form. When we came away my husband said he felt like telling her
to at least look up and speak directly to me rather than the table !
I have emailed my Welfare Officer, who did not attend the Tribunal with me my husband did, as she thought I'd put a good enough case together partly with the forums help. I've also asked her advise of my next move.
I'm still a bit shell shocked after the trauma of the tribunal. The lady judge was lovely but the lady doctor was very ignorant. She fired question after question at me but never once looked up at me but kept staring at a piece of paper in front of her. I could see it was not a sheet full of questions, I recognised it as a copy of just 1 of the sheets from my original claim form. When we came away my husband said he felt like telling her
to at least look up and speak directly to me rather than the table !
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- Gordon
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13 years 5 months ago #58979 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:6 points to 18
Chrissy
Another thing for you bear in mind is that the ESA criteria have been updated since your last assessment, and whilst the Support Group criteria are now 50m rather than 30m, it is no longer walking but mobilising, so you would need to show that you cannot propel a wheelchair for 50m , even if you do not use or even own one.
Gordon
Another thing for you bear in mind is that the ESA criteria have been updated since your last assessment, and whilst the Support Group criteria are now 50m rather than 30m, it is no longer walking but mobilising, so you would need to show that you cannot propel a wheelchair for 50m , even if you do not use or even own one.
Gordon
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- chrissyb
- Topic Author
13 years 5 months ago #58990 by chrissyb
Replied by chrissyb on topic Re:6 points to 18
Hi again Gordon,
It would be impossible for me to propel a wheelchair as Cervical Sponydolosis is one of my main problems and I have severe constant pain in my neck, shoulders and arms due to this.
I have started to use a wheelchair if I go out but with my husband pushing it.
It would be impossible for me to propel a wheelchair as Cervical Sponydolosis is one of my main problems and I have severe constant pain in my neck, shoulders and arms due to this.
I have started to use a wheelchair if I go out but with my husband pushing it.
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- pete17971
13 years 5 months ago #58991 by pete17971
Replied by pete17971 on topic Re:6 points to 18
chrissyb wrote:
Hi Chrissy,
In that case as Gordon posted further up the thread, your two options are either to ask for the Tribunal's Statement of Reasons (by contacting the tribunal centre where your case was heard) and going through that with an adviser to see if the panel has erred in law, or alternatively put in a fresh ESA claim.
Another possibility is if they said when your claim will be reviewed, wait until then to again try again for the Support Group.
There are 'dangers' with both going to a 2nd Tier Tribunal (if an error of law has occurred) or putting in a fresh claim now in that your current award maybe be lost. Thus the need to get face to face advice to try to ensure the relative safety of your current award and the chances of getting placed into the Support Group on the descriptor of mobilising 50m.
The adviser may also be able to find further Support Group descriptors which may apply to you in order to try to strengthen your case incase the mobilising 50m one fails for some reason.
Pete
Hi again Gordon,
It would be impossible for me to propel a wheelchair as Cervical Sponydolosis is one of my main problems and I have severe constant pain in my neck, shoulders and arms due to this.
I have started to use a wheelchair if I go out but with my husband pushing it.
Hi Chrissy,
In that case as Gordon posted further up the thread, your two options are either to ask for the Tribunal's Statement of Reasons (by contacting the tribunal centre where your case was heard) and going through that with an adviser to see if the panel has erred in law, or alternatively put in a fresh ESA claim.
Another possibility is if they said when your claim will be reviewed, wait until then to again try again for the Support Group.
There are 'dangers' with both going to a 2nd Tier Tribunal (if an error of law has occurred) or putting in a fresh claim now in that your current award maybe be lost. Thus the need to get face to face advice to try to ensure the relative safety of your current award and the chances of getting placed into the Support Group on the descriptor of mobilising 50m.
The adviser may also be able to find further Support Group descriptors which may apply to you in order to try to strengthen your case incase the mobilising 50m one fails for some reason.
Pete
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