× Members

Letter Appealing Decision

More
14 years 3 months ago #25824 by Gordon
Letter Appealing Decision was created by Gordon
I'm about to send my letter appealing my ESA decision.

In the example letter (ESA Appeals), an example of where the assesment might be in error is included, as a suffer from ME/CFS I am struggling to come up with a "killer" example. Is not including an example a disadvantage at this point in the process?

One of the areas I am looking at is the issue of "reasonable regularity", could I use this as an example or is this best argued at the tribunal hearing?

Thanks - Steve

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

Please Log in or Create an account to join the conversation.

  • Barkthedog
14 years 3 months ago #25830 by Barkthedog
Replied by Barkthedog on topic Re:Letter Appealing Decision
Steve

If the assessment was completely fictitious, and you have evidence to support ... not only the poor assessment but your current health situation - I suggest this is what you generalise the appeal about.

I can see where you are coming from, but it is facts you need and teh more in this instance the merrier.

I really wish you well, in both senses.

BTD

Please Log in or Create an account to join the conversation.

More
14 years 2 months ago #25865 by Gordon
Replied by Gordon on topic Re:Letter Appealing Decision
Classic case - you think you worded something so its completely clear and you haven't - mea culpa.

Just to clear up what I am asking for.

I am about to lodge an appeal against an initial finding that I am do not qualify for ESA payments.

There is a sample letter in the ESA appeals PDF in the members section, which includes a suggestion as to how to include an example of where information from the written response might have been ignored or mis-interpreted.

so my question is, is it important to include at least one example in the letter lodging an appeal or is OK to just say that I willl provide this information at a later date?

Steve

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

Please Log in or Create an account to join the conversation.

  • Barkthedog
14 years 2 months ago #25891 by Barkthedog
Replied by Barkthedog on topic Re:Letter Appealing Decision
Steve, my apologies to you. It was the first line that threw me.

BTD

Please Log in or Create an account to join the conversation.

More
14 years 2 months ago #25958 by cdcdi1911
Replied by cdcdi1911 on topic Re:Letter Appealing Decision
Hi Steve

It's not absolutely necessary to give an example as long as you give a brief reason like the one in the example letter. If you want to give an example you have to look at some evidence you gave with the medical form that you feel has not been considered.

Bear in mind it is not practical to put forward a strong argument until you have your medical report and the DWP’s full reasons, which will be in the appeal bundle. For this reason the advice guide suggests that you keep your reply brief at this stage.

Best of luck

Derek

Please Log in or Create an account to join the conversation.

More
14 years 2 months ago #25992 by Gordon
Replied by Gordon on topic Re:Letter Appealing Decision
I opted not to include an example. I did not have one that was specific to a test, and I felt that if I argued "reasonable repeatability", whilst it might make the whole issue go away, I also might be re-assessed still without making the required 15 points, and it would be a lot more difficult to argue the difference than going from zero at the tribunal.

Thanks to everybody wo was able to comment, now I guess I wait :)

Steve

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

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid