There are many ifs and buts with an ESA appeal but the most difficult task for an average employee is going through the legal terminology. Professional help is not necessary but you can not deny the fact that only a legal luminary could help an employer in this situation.
Is it necessary to hire a professional when going for ESA appeal? This question has been asked many times and its answer is always the same. Taking professional help or not is the priority of aggrieved person. On the legal side, it is not mandatory that a claimant is represented by lawyer. But hiring a professional has never been disadvantageous for the claimant.
An employee can approach a tribunal within 30 days of receiving Department of Work and Pension (DWP) judgment. The employee can either request the DWP to reconsider its decision or choose to approach the tribunal for justice. It is learnt that the DWP working is not 100% error free and for this reason the employees are provided an opportunity to either accept the DWP decision or approach a higher tribunal against the DWP decision. It is where an aggrieved person needs help.
It is quite difficult for an average employee to choose whether to apply for reconsideration or go to tribunal. An average person does not understand the legalities involved in this matter. He is concerned with his benefits and he wants to achieve this objective at any cost. The rush to the tribunal and a hurried approach could spoil the chances of an aggrieved person even if he has sufficient proofs to substantiate his claim.
Few people know that tribunals allow oral hearing and the claimant could take this opportunity to put his case before the jury in his own language. There are many ifs and buts with an ESA appeal but the most difficult task for an average employee is going through the legal terminology. Professional help is not necessary but you can not deny the fact that only a legal luminary could help an employer in this situation.
Before going for ESA appeal, one should discuss the case with a seasoned attorney and take steps as suggested by the professional. The attorney would prepare the papers and also ask the doctor to do thorough investigation of the claimants physical abilities. It is possible to turn the DWP decision but you need to tread cautiously.
ESA appeal is the last option for an employee, who is physically not fit to work and deserve pension but has been denied benefits by the DWP on strange grounds. An aggrieved person should approach a tribunal after assessing his chances of winning the case. He should not rely on ideas but should find facts to make his case.
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