Login FormClose

Free, fortnightly PIP, ESA and UC Updates

Over 80,000 claimants and professionals subscribe to the UK's leading source of benefits news.

 
Welcome, Guest
Username: Password:
Remember me
Members

TOPIC:

Esa form again 7 years 1 month ago #115694

I had to wait 11 months for my tribunal hearing which I won and was awarded support status on September 5th 2013, got another ESA50 on 9th December 2013 which I had to fill in over Xmas.

I have Arachnoiditis, Multilevel Degenerative Disc Disease throughout the whole of my lumbar region with two bulging discs, Cervical Spinal Spondylosis again at most levels and on August 14th 2013 I had Anterior Cervical Discectomy and Fusion Surgery to remove a disc in my neck, Peroneal Nerve Damage from the L4/5 Spinal Root in my lower back with vascular constriction in my knee which has left me with drop foot, Fibromyalgia, and have had a trapped nerve in my back since November 2013.

I have sent a doctors letter in which states my mobility problems and all consultants reports and MRI Scan reports as proof which were all carried out between 2011 and 2013.

Is there no common decency within this ATOS setup, they persecute genuine claimant's constantly and have used up 11 months of my wrag time by making me wait 11 months for a tribunal that took 30 mins. Now waiting to see what awaits on the next step of this charade.

Rant over!

Please Log in or Create an account to join the conversation.

Last edit: by .

Esa form again 7 years 1 month ago #115699

I am glad you won your last appeal and fingers crossed you won't have to appeal again next time. Sending medical evidence with your form will hopefully help to avoid you appealing again. Also if you are sent for a medical I would mention you have been placed in the support group after appeal at the assessment, they won't necessarily have access to this info. I am afraid your story is all to common. Thanks for letting us know your experiences and keep us posted.
The following user(s) said Thank You: Malcolm

Please Log in or Create an account to join the conversation.

Esa form again 7 years 1 month ago #115700

Malcolm wrote: I had to wait 11 months for my tribunal hearing which I won and was awarded support status on September 5th 2013, got another ESA50 on 9th December 2013 which I had to fill in over Xmas.

I have Arachnoiditis, Multilevel Degenerative Disc Disease throughout the whole of my lumbar region with two bulging discs, Cervical Spinal Spondylosis again at most levels and on August 14th 2013 I had Anterior Cervical Discectomy and Fusion Surgery to remove a disc in my neck, Peroneal Nerve Damage from the L4/5 Spinal Root in my lower back with vascular constriction in my knee which has left me with drop foot, Fibromyalgia, and have had a trapped nerve in my back since November 2013.

I have sent a doctors letter in which states my mobility problems and all consultants reports and MRI Scan reports as proof which were all carried out between 2011 and 2013.

Is there no common decency within this ATOS setup, they persecute genuine claimant's constantly and have used up 11 months of my wrag time by making me wait 11 months for a tribunal that took 30 mins. Now waiting to see what awaits on the next step of this charade.

Rant over!


Hi M,

The good news is, that as you were placed into The SG by The Tribunal on appealing the adverse decision circa October 2012, and this SG decision will be back dated to the time of the adverse decision circa Oct 2012, that your 365 days entitlement to CB ESA "Clock" will be reset to zero.

So it will be as if you have been in the SG since Oct 2012, and you still have your full 365 days entitlement to CB ESA whilst not in The SG.

This may be useful if you are placed into the WRAG at a future reassessment.

12 Month Limit for ESA(CB)

bro58

Please Log in or Create an account to join the conversation.

Last edit: by .

Esa form again 7 years 1 month ago #115727

bro58 wrote: Hi M,
The good news is, that as you were placed into The SG by The Tribunal on appealing the adverse decision circa October 2012, and this SG decision will be back dated to the time of the adverse decision circa Oct 2012, that your 365 days entitlement to CB ESA "Clock" will be reset to zero.
So it will be as if you have been in the SG since Oct 2012, and you still have your full 365 days entitlement to CB ESA whilst not in The SG.
This may be useful if you are placed into the WRAG at a future reassessment.
12 Month Limit for ESA(CB)
bro58

Thanks bro58, I didn't realise that the clock resets to zero, having said that the link you gave is really not that clear regarding this rule unless I'm missing something. I think another example could be added for reference to explain it a little better maybe along the lines of 'EXAMPLE: After initially being placed in the WRAG group and you lodge an appeal, if your appeal is overturned to support group status at tribunal, your 365 days entitlement to WRAG CB ESA "Clock" will be reset to zero.' just my two cents worth.

@puccalove Thanks, I did send a copy of the Tribunal Support Group decision and also an up-to-date repeat prescription showing all current medication with my ESA50, tried to cover all bases this time.

Thankyou both for taking the time to respond.

Please Log in or Create an account to join the conversation.

Last edit: by Gordon.

Esa form again 7 years 1 month ago #115728

  • Gordon
  • Away
  • Posts: 49333
Malcolm

Thank you for your suggestion, the rules are more complicated than you suggest but we will see if we can come up with something suitable.

Gordon
The following user(s) said Thank You: Malcolm

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Esa form again 7 years 1 month ago #115729

Your welcome, thanks for the feedback.

Please Log in or Create an account to join the conversation.

Moderators: GaryBISCatherine