APPEAL OR NOT? ESA

BRI 78
HELP had medical in december decision i no longer qualify for esa.I only got 9 points and that was for mobility,nothing for my mental health or all the other problems ihave sufferd in the last 35 years.I was on wrac for a year ,went to jc after 5mins told to go home and should not have been put into that group.THE thing is i get war disablement pension and army pension at 85% disabled.many speciialist over the years have said i will never work again.since i am on a pension all i got of esa was my ni stamp paid. SO IS IT WORTH ME APPEALING

Hi,

Welcome to Benefits and Work

If your forum name is also your real name, you may wish to change it to maintain some anonymity.

This can be done quite easily by following the instructions on this FAQ :

My full name is showing, how can I stop it?

Yes, it may well be worthwhile appealing the recent fit for work decision.

You would first have to request a Mandatory Reconsideration (MR), which must be done within one month of the date of the decision notice letter informing you that you were fit for work.

See : Mandatory Reconsiderations Explained

&

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

You will also need to gain fit notes from your G.P. to cover you from the date of the fit for work decision.

You should keep a copy and post the original to The DWP :

Sending Documents to the DWP or ATOS

Although your initial request for an MR can be made over the phone, it may be advisable to back this up in writing as well.

There is also an ESA Appeals Guide on this page :

ESA Claims Guides

If you can gain access to The SG as the result of your MR/appeal, payments of Contribution Based (CB) ESA will be reinstated for as long as you remain in The SG.

Have a look at the different scenarios in this FAQ :

12 Month Limit for ESA(CB)

See also : Qualifying for the Support Group

If your MR is unsuccessful, you can then appeal to The TS.

From what you have written, if you feel that you qualify for The SG, you have very little to lose with respect to the above.

Please reply to this topic if you have any further queries.

bro58