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Thread: Have started an appeal on ESA

  1. #11
    No, we have no decision letter yet, just the appeal form. Have rang again and said they will send it out today which is great. Thank you so much Rich

  2. #12
    Senior Member acheron's Avatar
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    Hi Purpleears sounds like you're on track just wanted to wish you luck with it all xx

  3. #13
    Thank you so much acheron, appreciate it

    I rang them up again yesterday to tell them we haven't gotten the report and they are adamant they sent it out before Monday gone. I feel like they are lying, and holding the process as I really need that report to start my Mum's appeal. Argh!

    I am very grateful to all advice and help, thanks so much

  4. #14
    Ok got medical report finally. I'm sorry to ask a stupid question, but on the appeal form do we basically argue the points made by the medical examiner? Do we express the upset caused and why she should not be doubted? She has written words that my Mum did not say at all, and I was very taken aback by it. She said my Mum is able to make a fist, she never asked her that question and would not be able to because her hands are so weak. The Doctor is not being very supportive either.

    Thanks again

  5. #15
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    A good idea would be to write out every statement in the report that you feel is wrong/inaccurate/or not clear. Bring up where appropriate areas that the assessor did not ask about, but you feel should have been asked about based on what was put on the form. No point saying they did not ask about something that wasn't mentioned on the form, for example.

    Then next to each one put what you feel is right/accurate/more clear. It's important to stick to the facts of what was put on the form and what was said at the assessment. It will take a while but is worth doing and taking a bit of time over. You can send this in as further evidence for your appeal. You could send it with the GL24, but it depends on the deadline for returning the GL24 You could send off the GL24, work on what I suggested and send it off as soon as it is done.

    Did someone attend the assessment with your Mother? Their input will be very helpful here in remembering what was said and asked etc.

  6. #16
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    Quote Originally Posted by purpleears View Post
    Ok got medical report finally. I'm sorry to ask a stupid question, but on the appeal form do we basically argue the points made by the medical examiner? Do we express the upset caused and why she should not be doubted? She has written words that my Mum did not say at all, and I was very taken aback by it. She said my Mum is able to make a fist, she never asked her that question and would not be able to because her hands are so weak. The Doctor is not being very supportive either.

    Thanks again
    Do exactly has I said in my post @4 and keep this to the front of your mind: - To win your case at a Tribunal you must demonstrate how your condition meets the (ESA) criteria (Descriptors). Complaining about the behaviour of ATOS/DWP doesn't do that, if you follow that path you will lose.
    Go and see CAB/SHELTER ask for the help of a benefits adviser for this Tribunal, if they can't help then come back here.

  7. #17
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    I agree that it's important to focus on how someone meets the descriptors rather than complaining about behaviour of ATOS/DWP, so it's important to focus on facts.

  8. #18
    Ok, we are starting to write out the letter today, and will stick to the points you have made. I will not complain as you do have a point, and I just want to focus on getting this done for my Mum. I will come back and let you know how it's going.

    Can I just take another moment to thank you lovely people? Actually do not know what I'd do without your help.

    Thanks again and hope all is well

    EDIT: I did not realise that they do not the appeal rate until they receive your appeal form, that's horrible. I don't even know what we are going to do as our income is terrible enough.
    Last edited by purpleears; 15-08-13 at 09:34. Reason: added info

  9. #19
    Sent off the form and other paperwork on Friday. Also applied for the social fund crisis loan from our local council and they have refused my Mum any help, including foodbank vouchers. I don't understand how they expect her to survive, she is dangerously underweight as it is. I will be calling them again today to see if I can talk to someone. Hate how cruel this whole process is, and really hope this appeal will not go to a tribunal.

  10. #20
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    Quote Originally Posted by purpleears View Post
    Sent off the form and other paperwork on Friday. Also applied for the social fund crisis loan from our local council and they have refused my Mum any help, including foodbank vouchers. I don't understand how they expect her to survive, she is dangerously underweight as it is. I will be calling them again today to see if I can talk to someone. Hate how cruel this whole process is, and really hope this appeal will not go to a tribunal.
    An appeal and a tribunal are the same thing, there would be a hearing where the appeal would be heard by a tribunal.

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