do i stand a chance to win 2nd appeal with clerical error?

hi im going to my 2nd ESA appeal in august to be placed into support group, july 12th 2012 the judge adjourned my appeal for further medical evidence she asked the clerk to organise a doctor to come to my home to examine me and prepare a examination report, he came to see me july 26th 2012 , in the meantime i filled in and sent off a DLA claim form dated 8th august 2012, i was sent a copy of doctors report it was fantastic totally in my favour but it had been filled in on DLA paperwork not ESA, my tribunal came and the judge said they couldnt use the medical report as its a DLA form and not ESA and also the it predates the appeal date,EHHH I they asked for a doctor to come to see me and do a medical report, i got myself so confused and mixed up rest of the appeal, anyways i lost, when i started to go through all my paperwork i noticed all the dates on paperwork it did not make sense a doctor came and examined me 26th july i had not even sent a claim form to DLA till 8th august so how could the DLA ask a doctor to come see me when they hadnt received a claim from me???? the doctor who came to see me filled a DLA medical form in instead of ESA through that mistake i lost my appeal last september , this august im arguing this point, do i stand a chance???? xxx

12 Replies

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  • Hi,

    I would think so, the last one was sheer and utter negligence on all fronts. Do do a schedule of the last one as you listed above stating all about the wrong dates etc and the fact the doctor wrote it on the wrong sheet and attach (staple) this to your new claim and say that you lost your appeal through no fault of your own and would hope that this diabolical shambles will not happen this time. This is my own view and not that of fibroaction, although I understand that they have a benefits link which may help. About to use it myself.

    Good luck x

  • can i put diabolical shambles? lol

    xxx

  • this is a classic example why getting someone to help you works . Hope you get what you deserve wishing you all the luck in the world

  • Hello Rosehip,

    It is great you have received the benefits that you are eligible for.

    Congratulations.

    Emma :)

  • Hi if you want our free benefits guide sheets

    Just email

    Info@fibroaction.org and just tell Emma what benefit you are appealing ... Dla / pip or ESA and she will send the sheets you need

    Vg x

  • thank you ive emailed emma

    xx

  • I am not sure what you mean exactly - the judge asked the clerk to send a doctor to your home to do a report for your ESA tribunal. Meanwhile you applied for DLA, where was the doctor that visited you from? Does this mean you should have had 2 doctors visit your at home, one to do with your DLA claim and one for the ESA tribunal as requested by the judge?

    If the doctor you saw was sent by the tribunal judge, then it should not matter what paper the report was written on. OTOH if the doctors report you got was to do with your DLA application, then the tribunal doctor has not visited you as requested by tribunal.

    If that makes any sense. :)

  • the judge at my ESA tribunal adjourned for more evidence so asked the clerk to organise a doctor to come and examine me he did and wrote his report on a DLA form that was 26/7 2112 , i had not applied for DLA at that time i applied on the 8th of august , so it couldnt possibly of came from DLA ? but the judge on next appeal date took the report as being by DLA even when i told her it couldnt of been and said they couldnt use it? so i lost my appeal, ?? well now i have all the proof of dates from all my documents so appealing again for ESA SUPPORT

  • A tribunal should judge cases in accordance with the rule of law and not be concerned with what document or parchment is used or if the medical report was carved in bloody stone, it is the content of the report and why it was written that matters, surely the tribunal was aware that the medical report was ordered by a judge at a previous hearing, or did they even know what day of the week it was?

    Technically you have won your appeal, you now have to find a judge that recognises that fact which means asking for a statement of reasons to continue the appeal process. As the last tribunal judge was not happy with the document their own doctor used, ask the tribunal to furnish their doctor with a document that meets with their approval this time - the medical report will still remain the same of course.

  • hi..i had a fantastic man help me if you want his link please message me and I give it to you xxx

  • Hello Bellabot,

    Any recommendations from members about independently run companies via external websites that can help you with Benefit Claims may have Terms & Conditions involved to further assist you with your claim.

    Please can you consider all options available to you to assist you to make an informed choice taking into account all the pros & cons.

    For your information, No Win, No Fee means if you win the case a fee will be charged, please check with these companies what this will be so you are aware before committing yourself to use the service.

    As per our guidelines below,

    fibroaction.healthunlocked....

    FibroAction cannot be held responsible for the content of external websites

    We would like to suggest you consider researching all options before making any final decisions

    All the best with your Benefit Claim

    Emma

  • Have you been to see anyone at your local CAB or similar organisation? They may be able to give advice on technicalities on how to proceed. There's also the iLegal website which may be able to help with legal technicalities.

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