Esa50 help needed

[lynnh]

Got another esa50 to complete, 1st one I filled in and 2nd cab with additional info added by me both cases went to appeal the first I won the 2nd has gone to higher tribunal. Some folk say write as much as possible others say be brief because they will only try and catch u out. Any advice please especially from folk who won without appealing xx

[esagestapo]

I don't understand this, you won your ESA appeal the 2nd has gone to a higher tribunal?

[lynnh]

my first appeal in Dec 2010 I was awarded 18 points but got another ESA 50 to complete in May 2011 followed by an assessment which reduced me to 0 points (the reason given being that the descriptors had changed but the ones I was awarded the points for previously had only been reworded and in my eyes still applied but not according to the dwp). Needless to say I appealed again but lost the hearing in Aug 2012 because the judge was looking at the paperwork from 2010 not 2011 meaning my answers did not fit with what she was looking at therefore she branded me a liar hence the appeal to higher tribunal requesting that my hearing be set aside. As you don't get any money paid when appealing to higher tier the tribunal service advised me to put in a new claim so now got to fill in a new ESA form. Hope that makes a bit of sense xx

[esagestapo]

Thank you, now it makes perfect sense. You got 0 points and appealed, the 1st tier tribunal ruled against you, now you are appealing against the tribunals decision hoping you have grounds for a 2nd tier tribunal to overturn the previous decision.

As you are now in the 2nd stage of the appeal process, you are entitled to free legal aid to help you with this. I don't know where you apply for this as I have not been through the new system yet, but I am sure someone on here will know who you can contact.

[lynnh in reply to esagestapo]

Thank you, I currently have the CAB dealing with this as we are asking for a set aside of the hearing. I'm not too sure if I can pursue further as the fact that the judge messed up doesn't probably count as a point of law. If they do not agree to the set aside to go further would be outside CAB so I will take on board your suggestion to seek legal help aid x

[esagestapo in reply to lynnh]

First off, you can't add further details at this stage, so you do not need to write as much as possible. If the judge looked at the wrong paperwork, ie if you sent more recent paperwork to the tribunal on time and the judge ignored it, then you have a case.

[lynnh in reply to esagestapo]

Sorry I'm being a bit confusing, the bit about how much to write on the form relates to completing the esa50 for my new claim not the appeal. Thank you for confirming that I have a case if the set-aside is not granted, your advice is appreciated x

[esagestapo in reply to lynnh]

Now you see how easy it is to confuse people, with that in mind you should write as little as possible IMO, keep it short and to the point.

I know if I was reading ESA/50 forms as part of my job and I found them to contain extended and convoluted verbiage that confused me, that would be a definite no from me.

[cjw064]

Morning

It's always best to write as much information as possible on the ESA50 as the healthcare professionals need to know about you. Also send as much supporting documentation with your application as you can as this is VERY important. Secondly if you are called forward for a medical take the supportive documentation with you, ask the HCP if they are in receipt of it and if not GIVE them it. Then if it went to appeal you can argue that documental supportive evidence was given to the HCP and it wasn't taken into consideration if your benefit was refused.

Hope that helps,

Regards,

Liam Carter

Senior Case Manager

My Benefit Claim

0800 043 1781

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[lynnh in reply to cjw064]

Thank you Liam, I will follow your advice

[cjw064]

no problem at all if I can be of any further help pls don't hesitate to ask

Liam

[lynnh in reply to cjw064]

Hi Liam,

is it ok to tick the 'it varies' box - I'm seem to recall something about not using it

thanks

Lynn

[cjw064]

In all honesty yer its ok you firstly don't want to be telling porkys as these medical people are not daft. So to look at it in some of the questions you will have to put it varies for example hand grip as some days there will be pain and some days there wont. But look at it further if its a major question ie can you walk if you put it varies they will look at it questioningly especially if you are saying later in the form your cripled with back pain for example

So what I always do is tick my answers in pencil and then take a break and come back and look at it logically saying to myself hmmmm is that honestly correct and can i or cant i.

Hope that helps

Liam

[lynnh]

Thanks again for your help Liam,

I am using the online version of the form as it is easier for me than writing although I still have to do it in stages. It also makes it easier to go back over it and revise where necessary and to keep a copy too. I have been somewhat naughty in taking my time to get my brain in gear to do it so am now up against time restraints, It has to be in by the 19th and I had hoped to get it in the post today, however, it is clear that's not going to happen, I forget how much longer these things take now than they used to, plus I am due to see the practice Nurse this afternoon. At least I am now resigned to it being posted Monday so I have the weekend to complete it.

Hope you have a good weekend

Lynn

[cjw064]

what i would do if i was you is call ATOS or whoever sent you the ESA form explain you are at the docs on monday as you need this vital information from them as part of your evidence and ask them for an extention of a week. They normally oblige

Liam

[lynnh]

I spoke to dwp yesterday and they were adamant that the form had to be in by the due date or to send it in with an explanation of why it was sent late and the decision maker might decide to accept it. Its my own fault and hopefully should be able to post it Monday but I might give ATOS a try as they sent it out, it'll take the pressure off if nothing else

Thanks

Lynn

[lynnh]

Rang atoms but they just referred me back to DWP, never mind I should be able to get it posted Monday

[Libbyloo2005]

Hi,

Sorry to hear you're having problems, why don't they understand the added stress doesn't help anyone?

I used the 'benefits and work' website as they have a step by step guide of how to fill ESA & DLA forms in. I was very lucky & was awarded ESA Support Group without being called for a medical. I truly believe I wouldn't be in this situation if I hadn't used the guide. Like you, it took me ages to fill the form in - I kept forgetting what I wanted to put (fibro fog!!) & just couldn't concentrate for very long.

I really hope you get the desired outcome and can relax for a while (until the next form arrives anyway!)

All the best x

[lynnh]

Hi Libby, thanks for your response

Yes I used the B&W guides this time too but having been awarded nil points at my two previous wca's I'm fully expecting having to go through the appeal process yet again, but who knows maybe 3rd time lucky. They really don't have a clue what effect this is having on us, why can't they see that nobody in there right mind would put themselves through there awful system if they could work, it'd be far less stressful. Less stress = better health xxxx