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What to do next got my appeal pack

stuartperry

Sorry guys haven’t been on here for a couple of months I’ve been in a bad state of mind. Finally got the courage to look at this again.

Right so I’ve got my appeal pack, i’m appealing to be in the support group for ESA they have put me in the work related. I was in the support group for five years then recently been changed

What should I do while I’m waiting for a date of hearing.

They have asked me if I want to send any more evidence.. what can I send, because I don’t really have anything which they didn’t get originally when filling ESA 50.... I was told not to request new evidence.

Secondly. How should I prepare for the hearing day, again I don’t have any new evidence should I write maybe a diary.. of how I am feeling day to day with activities..

Also any other tips on being successful

Thank you very much guys

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stuartperry

Biblioklept said:

Sorry you've been in bad state of mine, it's a lot of pressure and makes sense you are finding it hard. Are you able to get a representative?
Did you send much anecdotal evidence like stories from you about when you tried the different activities? Have you looked at the support group criteria?

Yes I have looked at the criteria, when should I send this andorctal evidence ?

How much value does this type of evidence hold, how should I structure it?

Should I send it to the tribunal

poppy123456

Anecdotal evidence will always be the best you can send. What you should do is a couple of real world incidents of exactly what happened the last time you attempted that activity. Include information such as where you were, what exactly happened, did anyone see it and what the consequences were.

You should send this to arrive with HMCTS before the hearing date. Do be aware that they will only take into consideration what your conditions were like at the time the assessment took place.

My last WCA was done purely on anecdotal evidence, which i had a paper based assessment.

poppy123456

Biblioklept said:

@poppy123456 is it okay if I ask whether you requested a paper based assessment or did thye just pick to do it?

No, i didn't request a paper based assessment. Forgot to also mention that mine and my daughters PIP reviews last year were also paper based.

Ross_Alumni

Sorry to hear that you have been in a bad state of mind @stuartperry, I hope you have loved ones around you who can provide support through this time. Fingers crossed too that taking part in the community can be a positive outlet for you.

stuartperry

Thanks everyone, should I try to link the issues I’m having on a daily basis to any of the descriptors or is that too obvious?

Would I have to repeat this in person in the actual hearing or would I have to produce something else ? I want to be also prepared for this any pointers guys How to prepare for the actual day ?

What do you mean by paper-based ?

poppy123456

Biblioklept said:

poppy123456 said:

Biblioklept said:

@poppy123456 is it okay if I ask whether you requested a paper based assessment or did thye just pick to do it?

No, i didn't request a paper based assessment. Forgot to also mention that mine and my daughters PIP reviews last year were also paper based.

That's really good you must have a real talent for writing enough evidence etc. My recent PIP was paperbased but I don't know if I'll get that lucky again

Talent? I just wrote the truth and included a couple real world incidents per descriptor that applied.

poppy123456

Biblioklept said:

poppy123456 said:

Biblioklept said:

poppy123456 said:

Biblioklept said:

@poppy123456 is it okay if I ask whether you requested a paper based assessment or did thye just pick to do it?

No, i didn't request a paper based assessment. Forgot to also mention that mine and my daughters PIP reviews last year were also paper based.

That's really good you must have a real talent for writing enough evidence etc. My recent PIP was paperbased but I don't know if I'll get that lucky again

Talent? I just wrote the truth and included a couple real world incidents per descriptor that applied.

I don't know if talent is the wrong word maybe? I meant you must be good at writing it up clearly and doing everything you need to do so they can make a decision just paper based. Like knowing all the important stuff to include.

Yes, I think talent is the wrong word here. I just told it as it is. I found my daughters PIP claim a lot easier than my own and she’s had 2 paper based assessments.

I find it easier talking about her than myself, which is understandable because no one likes talking about how their conditions affect them.

L_Volunteer

I'm not a fan of writing about myself either. I think it is difficult to write about my own strengths too!

poppy123456

Biblioklept said:

I don't think I'm very good at explaining myself sometimes and pick the wrong word more and more often. I'm sorry if I upset you @poppy123456.

Sorry i missed this today, been busy most of the day with my grandson, he sure does keep me on my toes. No, you didn't upset me at all.

L_Volunteer

That would be fine with me @Biblioklept. Please feel free to go ahead with creating a discussion thread

I hope you enjoyed your time with your grandson @poppy123456

stuartperry

so paper-based means you don't even need to go to the hearing?

if I actually need to go, how do I prepare myself and what should I expect?

poppy123456

stuartperry said:

so paper-based means you don't even need to go to the hearing?

if I actually need to go, how do I prepare myself and what should I expect?

You need to prepare yourself to attend the hearing, whether this will be in person or by telephone, i don't know. Paper based hearings for Tribunal have an extremely low success rate, something like between 3-8%.

If you haven't done those real world incidents i mentioned above then you need to do this. First take a look at the descriptors to see which one you think applies to you and then focus on that.

stuartperry

Could I send appointment letters for evidence

poppy123456

If you mean appointments you're expecting to attend in the future then personally, i wouldn't send them because it's not really evidence as it's not telling them anything about how your conditions affect you.

calcotti

stuartperry said:

Could I send appointment letters for evidence

No, the guidance specifically states that appointment letters are not useful. You might have seen someone who said 'nothing wrong with you' so the appointment doesn't tell anybody anything.

stuartperry

okay so I couldn't get a representative. and I received a letter saying my hearing is next week!! luckily I have sent my andorctal evidence, with at least eight examples.

is there anything else I would need? I don't have much medical evidence it's pretty old nearly 5 years old. what else could prepare me for the hearing?

One of my friends said get up-to-date medical evidence, would that be valuable?

calcotti

stuartperry said:

One of my friends said get up-to-date medical evidence, would that be valuable?

Not really. As you are aware benefits are based on how your health affects you, not on what you are diagnosed with. Any new evidence would need to be submitted in advance of the tribunal.

The tribunal will select the questions carefully to help them reach a decision. On the day you need to listen to the questions you are asked and answer those questions, try not go off at tangents. Answer as fully as you can explaining the difficulties you have in relation to the question asked. Don't answer yes/no.

stuartperry

thanks @Biblioklept!!

thanks everyone for the advice.

One thing I'm unsure. so obviously it's about getting these descriptors matching your problems.

Will the question at the hearing be something more in-depth in regards to the descriptors?

you see my conditions are slightly variable. sometimes when my symptoms are bad, A few of the descriptors match perfect. because my condition varies sometimes, I am able to do more things.

how would the tribunal judge this if you can do some of the things sometimes? how is this assessed? does it need to be permanent all the time. because my condition Varieis,it can last days when I am unable to do stuff

calcotti

stuartperry said:
how would the tribunal judge this if you can do some of the things sometimes? ...
because my condition varies, it can last days when I am unable to do stuff

PIP is awarded (or not) based on what you experience on the majority of days.

poppy123456

calcotti said:

stuartperry said:
how would the tribunal judge this if you can do some of the things sometimes? ...
because my condition varies, it can last days when I am unable to do stuff
PIP is awarded (or not) based on what you experience on the majority of days.

Its not a PIP Tribunal, it ESA. Though as you know the same applies to ESA.

OP what they will be looking at is your ability to do any type of work.

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