ESA Appeal- any advice please?

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ESA Appeal- any advice please?

Postby PhoebeCat » Mon Jul 01, 2013 11:59 am

I have had a letter through from HM Courts & Tribunal Service regarding my appeal and its an enquiry form which I need to fill in and get back to them within 14 days (I only have 7days now because it has taken so long to get to me) One of the questions is asking for name/address etc of my representative. Do I need one and if so what type of person do they mean? Its also asking for me to send any medical records, doctors records etc that will help them in their decision but I dont have anything! I have never been sent to see any specialist as I have always been seen by my GP but also my GP has said that he will only supply information directly to the appeals people if they ask after the hearing but the letter says that it is my responsibility to get all the info needed before the appeal. What do I do? I feel like I may as well not turn up in person because it is going to fail anyway! I am so worried and dont know what to do. I dont like being in front of people and talking in public as it is and I am a nervous wreck before I even get a date. Please help
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Re: ESA Appeal- any advice please?

Postby cnedra73 » Mon Jul 01, 2013 2:09 pm

Hi, you need to call the appeals service, let them know you have only just received the letter & that your doctor will only release your records directly to them. Then call citizens advice and talk to them about help you need. They should be able help you sort out the paperwork you have & may be able to help with other problems. I know how bad things seem but just know you are not alone & if you pick up the phone they can help you. If you find you can't if you have a family member or friend who could help you.
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Re: ESA Appeal- any advice please?

Postby FluppyPuffy » Mon Jul 01, 2013 2:31 pm

PhoebeCat wrote:I have had a letter through from HM Courts & Tribunal Service regarding my appeal and its an enquiry form which I need to fill in and get back to them within 14 days (I only have 7days now because it has taken so long to get to me) One of the questions is asking for name/address etc of my representative. Do I need one and if so what type of person do they mean?

Have you had someone help you put your appeal together, such as an advisor from CAB, Support Worker or other person who helps you out?? If you have and they have said they will speak for you at the hearing, then it is their details that need to be included on the form.

With your dx and treatment/care being handled by your GP, have you been sent for anything like physio or other treatments?? If so, then include any letters and info you have related to them (referral letter, assessment appt letter, progress reports/updates, discharge letters etc.)

WRT medical records, you have a statutory right to have access to them under the Access to Health Records Act 1990 which came into force on 1st November 1991. So if you wanted to enclose info from them to support your appeal, you'd have to make a formal request to do so, and have them copied to your GP surgery, who then have to act on your instruction. This can take time tho, and usually involves you having to pay a fee. To get a better idea of how things are at your surgery, maybe talking to the admin peoples about this would be an idea. They should be able to give you info specific to you, as well as an idea of potential fees that may be involved. On the form you need to return to HMCTS, if you explain that you are in the process of obtaining copies of relevant info from your medical records and that it will be sent to them as soon as possible then you may be granted an extension of how long you have to get your evidence in :fingerscrossed: :fingerscrossed:

Hopefully someone else will be along soon with a bit more knowledge than me who can fill things in with a bit more detail for you :cow-wave: :cow-wave: :cow-wave:
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Re: ESA Appeal- any advice please?

Postby denys » Mon Jul 01, 2013 3:13 pm

Cant think of anything else to add as its all been covered but wanted to wish you :goodluck1: with the tribunal
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Re: ESA Appeal- any advice please?

Postby PhoebeCat » Mon Jul 01, 2013 3:47 pm

I have had no help from anyone so far as I dont have anyone who can, so I dont know if its too late to contact CAB or anyone similar or what they can do for me now. I wish I had someone who could speak for me at the hearing as I know that I wont be able to cope. I am struggling just trying to sort this out. I have not had any appointments to physios, assessments or anything, only treatment from the doctor. The letter says that my appeal could be another 17 to 21 weeks away, so I suppose I have time to sort other things out once I know what I need to do, I just need to get this enquiry form back to them asap. I am getting myself in to a right state.
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Re: ESA Appeal- any advice please?

Postby rosehip » Tue Jul 02, 2013 2:00 am

i have won my appeal and i had help win it , i am so shocked i got it , ive been put into the support group . its a free phone number if you want it its 0800 o431781. he does everything for you . good luck. :-P
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Re: ESA Appeal- any advice please?

Postby PhoebeCat » Tue Jul 02, 2013 9:51 am

rosehip wrote:i have won my appeal and i had help win it , i am so shocked i got it , ive been put into the support group . its a free phone number if you want it its 0800 o431781. he does everything for you . good luck. :-P


Who is the person who helped you? Is that their phone number and if so, what is their name or organisation? Where about are they based because if I am not in their area, are they still able to help? Sorry for the questions but as I have said before, I am worried sick about all of this. Thank you
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Re: ESA Appeal- any advice please?

Postby rosehip » Thu Jul 11, 2013 1:29 pm

he does it all by phone , hes very good at his job. any area ring him and have a chat
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Re: ESA Appeal- any advice please?

Postby scartlass » Sat Jul 13, 2013 5:35 pm

Hi, I had my first Tribunal over two years ago, my solicitor came along with me as I was so nervous, I thought he could speak for me, but that was not the case I had to answer the questions my self, it was scary, they asked lots of questions, as I hadn't sent in my medical records they couldn't make a decision on the day (I had requested them from the surgery on the Tuesday and they had them ready on the Friday morning of my case, so I only handed them in then) on the Tuesday I got a letter, saying my appeal was allowed, I couldn't believe it, I was so pleased! for my second appeal ( for ESA again) my solicitor done the appeal forms for me, I requested my medical records, from the date of my last appeal, as I already had the records previous to that date, sent them off and waited months for my Tribunal date, I didn't worry too much about it, on the day I went on my own ( my sister drove me but didn't come in) I was nervous as hell tho, but they were really nice, I answered their questions honestly and I also won that appeal, they recommended that I not be recalled for 12 months. I would send back the form in the time frame with a cover not to explain that you only got the letter a few days ago and you will send in more information when you have it. request a copy of your medical notes from the receptionist ( cost about £10) I would also ask your GP to send you to a Rheumatologist to see what he/she say, you can always send in more information to tribunal while you wait for the date, the more information they have the better.

Good luck xx
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