ESA appeal questions

Hi there
I have lodged an appeal and it has been accepted but I have a few questions regarding matters please.
1. I have asked to go back on ESA at assessment rate - this has been granted but if I were to lose my appeal do I have to pay this back?
2. How long can I expect to wait for an appeal hearing please?
3.. Can someone possibly have a look at the notes I sent in with my appeal - ie my grounds for appeal as these will be the crux of my appeal case and I am not sure if they are enough or not. I have also requested a copy of the decision from DWP both recent one which scored me 0 points and the one from 3 years ago which put me in support group - obviously if anything comes to light from this I will add it to the appeal but if someone could look at my notes and see if I am addressing the descriptors I would be very grateful.

Huge thanks!

Hi Nick,

I will try to answer your questions in turn -

1) No, you would not have to pay back any money if the appeal were to go against you.

2) The waiting time for appeal hearings vary somewhat around the country. However, you should expect this to be several months at least (unless you have asked for a 'paper' hearing, in which case it could be quicker).

3) I'm afraid it is beyond the remit of this forum to read through your appeal submission. Did you follow the advice in our ESA/appeal guides?

You might wish to bookmark/favourite this on your web browser now so that you can find it easily in future. that means you will be able to return and ask further questions rather than having to start a new topic each time. It helps us enormously if everything relating to the same claim is kept in one place

I am getting all nervous already about my appeal - I suffer with anxiety and depression as well as the main issue being severe hearing impairment.
I was previously in the support group for ESA and at that assessment was in far better mental health than I am now and yet I still got 0 points. At the recent assessment I was assessed by a Physiotherapist at the last one I was seen initially by a Nurse who said after asking me when my deafness started I cannot see you - you need to be seen by a DR as its neurological as caused at birth. It would appear the rule has changed in who sees you??
Can I argue that I feel the Physio had no idea of Hearing Impairment (in her report stated I made great eye contact at all times - but I lipread so this is essential for me!) I also cried throughout the assessment but was told I coped well.....
What should be my approach to the appeal - I have read the descriptors and tried to illustrate how I meet them - but should I be using the argument also if my hearing is getting worse and will never improve only worsen with age - how they can say 3 yrs ago I met the criteria for support group but now dont?
Thanks in advance!

Thank you so much - that is fine - it was just my comment disappeared when I typed it - wasn't sure it got sent!

Regarding lipreading - my argument has been I cannot do it repeatedly and reliably due to a variety of issues - people's dialect, their lip movement, background noise and lighting of the room. I have used a combination on lipreading and hearing over the years to cope - even then I have always struggled but I have found over the past 10 years I hear less and less - hearing being for me lipreading and amplification via hearing aids but without seeing someones lips I cannot hear anything at all - even if they are right next to me. Some family members I am ok with but with strangers it is very hit and miss - hence my argument I cannot do it repeatedly and reliably. Even with family I cope with sometimes, at other times I will still struggle and they can say something 6 times and I wont get it - so even with the 'best' people I have huge difficulties. Without hearing aids I have no hearing at all - I am profoundly deaf and this has been recorded in tests.
My point would be regarding Physio - she only took my conversation with her as the decision on my hearing ability - I said if you look away or turn your back to me I wont hear you or if there is alot of people in a place I wont hear you. With some people in what I would say is an artificial environment I am ok but this relies on me concentrating 100% - if I get tired I fail etc.
Does having some lipreading mean that is it I am fine??? I get really upset because I have struggled all my life and miss so much of what is said and now I have admitted it I am told I am fine.
Another issue I have is my safety - if there were a fire and I couldnt see to hear etc I would be in real trouble - is this a valid point under keeping safe and out of danger? This is just one example I have prepared.
Also, I understand the descriptors are the deciding factor but since this is all about ability to work - surely they need to take into account that putting me with my hearing impairment in the real world will mean I cant do what the descriptors require?

Not sure if I am going off the point here but any advice appreciated. Thanks so much