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    • best to be sure it is a N279. not that they pull any underhand stunts of course   but we have seen it. your bal is now £0 but we'll still attend court as you'll probably not as we've said we've closed the account and we'll get a judgement by default. dx  
    • Sorry, last bit They had ticked that they wanted the application dealt with without a hearing, so is there any relevance that a date and time to attend said hearing has been sent out ?
    • I've not seen it personally but I think that's the letter Dad has had from Overdales. I'll see it tomorrow. It states balance: zero
    • Agreed as you clearly have little faith in your star runners, mind you - I have less - conditional on the welcher clause I defined being part, and that we are talking about the three defined candidates: Tice Farage and Anderson - not anyone anywhere as reform might (outside chance) get someone decent to run somewhere. If any of the three dont run - they count as a loss.   welcher clause. "If either of us loses and doesn't pay - we agree the site admin will change the welchers avatar permanently to a cows ass - specific cows ass avatar chosen by the winner - with veto by site on any too offensive - requiring another to be chosen  (or of course, DP likely allows you can delete your account and all your worthless posts to cheapskate chicken out and we'll just laugh) "
    • This is the full details, note they have made an error (1) in that paragraph 5 stated 14 days before hearing not 7. Surely a company of their size would proof read and shouldn't make basic errors like that 1) The Claimant respectfully applies for an extension of time to comply with paragraph 5 of the Order of Deputy District Judge XXX dated XX March 2024 i.e. the evidence upon which the parties intend to rely shall be filed and served not later than 7-days before the hearing. 2) The Claimant seeks a short extension of time allow them to further and properly investigate data provided to them by Royal Mail which is of importance to the proceedings and determination of the Claim. 3) The Claimant and Royal Mail have an information sharing agreement. Under the agreement, Royal Mail has provided data to the Claimant in respect of the matters forming the basis of these proceedings. The Claimant requires more time to consider this data and reconcile it against their own records. The Claimant may need to seek clarification and assurances from Royal Mail before they can be confident the data is correct and relevant to the proceedings i.e. available to be submitted as evidence. 4) The Claimant's witness is currently out of the office on annual leave and this was not relayed to DWF Law until after the event which has caused a further unfortunate delay. 5) The Court has directed parties to file and serve any evidence upon which they intend to rely not later than 14- days before the hearing i.e. by 4pm on 6 June 2024. Regrettably, the Claimant will have insufficient time to finalise their witness evidence and supporting exhibits as directed. We therefore respectfully apply to extend the time for filing/serving evidence so that the evidence upon which the parties intend to rely by filed and served not later than 7-days before the hearing i.e. by 4pm on 13 June 2024. 6) This application is a pre-emptive one for an extension of time made prior to the expiry of the deadline. In considering the application, the Court is required to exercise its broad case management powers and consider the overriding objective. 7) In circumstances where applications are made in time, the Court should be reticent to refuse reasonable applications for extensions of time which neither imperil hearing dates nor disrupt proceedings, pursuant to Hallam Estates v Baker [2014] EWCA Civ 661. 😎 It is respectfully submitted that the application is made pursuant to the provisions of CPR 3.1(2)(a) and in accordance with the overriding objective to ensure the parties are on an equal footing when presenting their cases to the Court. The requested extension of time does not put the hearing at risk and granting the Application will not be disruptive to the proceedings.   They have asked for extension Because 2) The Claimant requires additional time to consider and reconcile data received from Royal Mail which is relevant to these proceedings against their own data and records in order to submit detailed evidence in support of this Claim.
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Supporting evidence for reassessment


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Hello Consumers forum I have a reassessment for my ESA due in Decemeber 2015. I have been diagnosed with Agrophobia, Panic Disorder, Depression and PTS.. I have asked my doctor if he would support me which he has agreed to. I just don't know what information to ask for? I wonder if he would go through descriptors with me and agree which affect me the most and create a report from that :/ I also have a CPN is it worth asking for a report off her also?

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I would say yes if your DR is willing to do that.

 

Any and all clinical evidence is good.

 

Also keep a diary of events showing how your life is impacted.

 

even things like "Got mum over to help take me to the shops" shows evidence of that day of a descriptor. Has to be true though.

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I would say yes if your DR is willing to do that.

 

Any and all clinical evidence is good.

 

Also keep a diary of events showing how your life is impacted.

 

even things like "Got mum over to help take me to the shops" shows evidence of that day of a descriptor. Has to be true though.

 

I have only left the house in the past 2 years about 5-10 times for hospital surgery and emergency follwup appointments :/

All shopping/caring for me is done by my parents, ugh its so worrying.. even more annoying my PIP reassessment isnt due till late 2017 is it worth mentioning that in my ESA50 when I recieve it?

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CPN's are generally pretty helpful - more so than GP's due to constraints on appointment time.

 

What I would do is make a list of the descriptors you feel apply to you. Under each descriptor write typical issues with everyday activities that show you meet that descriptor. Provide this to the GP and the CPN. A GP might write a short supporting letter saying that the issues highlighted are completely consistent with your diagnosis and reported problems. A cPN might be willing to write something more detailed including details of their input.

 

Don't do it too early. Wait until you receive the esa50 - you don't want a decision maker or if the decision doesn't go your way, a Tribunal judge saying the evidence isn't close enough to the date of assessment to be valid. Lots of assessments have been delayed, so you may not end up getting assessed for a while.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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If you had a face to face assessment for your PIP claim it would be worth getting a copy of that report if you don't already have one, they won't necessarily have one on your ESA file. Also, if you have a copy of your last ESA assessment you could include comments on your ESA50 along the lines of 'xxx issue/sympton (describe thoroughly) which hasn't changed or improved since the report dated yyy'.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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  • 3 weeks later...
If you had a face to face assessment for your PIP claim it would be worth getting a copy of that report if you don't already have one, they won't necessarily have one on your ESA file. Also, if you have a copy of your last ESA assessment you could include comments on your ESA50 along the lines of 'xxx issue/sympton (describe thoroughly) which hasn't changed or improved since the report dated yyy'.

 

My PIP claim was awarded in December 2014 and completed solely off paper based information from my CPN and GP :/ should I still send it in as evidence? I was awarded Enhanced Daily Living and Standard Mobility

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Worrying about what my first ESA assessors report says though as she wrote in the notes on the report "I expect some improvement in the medium term" But that hasnt happened at all infact I'm alot worse than I was at the first assessment. Should her notes on the first report affect the out come of the second review assessment?

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Any idea how I should go about getting the best possible supporting evidence from my GP? and other medical professionals I feel really embarrassed asking them =[

 

From my earlier post, let me know if you need us more info:

 

What I would do is make a list of the descriptors you feel apply to you. Under each descriptor write typical issues with everyday activities that show you meet that descriptor. Provide this to the GP and the CPN. A GP might write a short supporting letter saying that the issues highlighted are completely consistent with your diagnosis and reported problems. A cPN might be willing to write something more detailed including details of their input.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Does self harm come under any discriptors? Also I can remember on the previous ESA50 I filled out questions were like can you walk more than so and so metres... as I am housebound what would be the best to answer for this question?

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https://www.sense.org.uk/content/esa-descriptors-determine-whether-you-have-limited-capability-work

 

You're looking at the second part - the mental health descriptors. Activity 15 would be the one that would apply to you getting about, and 16 and 17 may also be particularly relevant. Also would work or work related activity significantly worsen or harm your physical or mental health - if so in what way.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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And remember

You only count as being able to do something if you can do so "without pain, repeatedly and in reasonable time"

A lot of people forget that.

PLEASE HELP US TO KEEP THIS SITE RUNNING

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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https://www.sense.org.uk/content/esa-descriptors-determine-whether-you-have-limited-capability-work

 

You're looking at the second part - the mental health descriptors. Activity 15 would be the one that would apply to you getting about, and 16 and 17 may also be particularly relevant. Also would work or work related activity significantly worsen or harm your physical or mental health - if so in what way.

 

 

Is the significantly worsen your physical/mental health a special descriptor? How could I prove that other than it would cause me to self harm more? :/

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You just need to get your gp or cpn to confirm. No it's not a descriptor but an exceptional circumstances rule. This may explain it more:

 

http://www.rethink.org/living-with-mental-illness/money-issues-benefits-employment/work-capability-assessment/what-next

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Another question if you dont mind answering guys, I will probably be having a home visit when I have my reassessment if a F2F is needed should I have someone in the room with me when the assessment is carried out? Also should I ask for it to be recorded?

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You are entitled to be accompanied and to have the assessment recorded whether it's at your home or at an assessment centre. I would always recommend having someone else with you, particularly if you have any mental health issues. I would also always choose to have an assessment recorded, however you should be aware that requesting this is likely to cause substantial delays as the equipment needed is limited in supply and apparently regularly breaks down. As a result, you may find appointments cancelled at short notice which can be problematic for some people.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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You are entitled to be accompanied and to have the assessment recorded whether it's at your home or at an assessment centre. I would always recommend having someone else with you, particularly if you have any mental health issues. I would also always choose to have an assessment recorded, however you should be aware that requesting this is likely to cause substantial delays as the equipment needed is limited in supply and apparently regularly breaks down. As a result, you may find appointments cancelled at short notice which can be problematic for some people.

 

Thanks for your help reallymadwoman, still worrying to death about filling in the ESA50 and making sure I give as much detailed information as I can about how my condition affects my day to day life

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Have you even received it yet?

 

Why not have a search online for the form and start filling it in a bit at a time? It might help you to stop worrying so much if you know you'll have it done in plenty of time and with loads of time for you to go back and change or add things. Also, are you keeping a diary of how your condition affects you? That would make good supporting evidence as well as help fill in the form.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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I've never thought to keep a diary, I haven't recieved the form yet no I rang up the DWP office earlier this month and they said it could be December/January before it comes. Just want to be best prepared evidence wise and explaining myself properly on the form.

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I think you'd be better off speaking to someone like CAB and getting them to fill the forms in.

 

Pretty hard to do :/ I've been housebound more or less for 2 years and the only situations I've left the house for is medical surgery at the hospital or emergency doctors appointments

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Pretty hard to do :/ I've been housebound more or less for 2 years and the only situations I've left the house for is medical surgery at the hospital or emergency doctors appointments

 

Some branches have a home visit service. There may also be a welfare rights charity in your area that also may provide home visits.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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