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Appealing my ESA 10 years 2 months ago #23937

  • tilly
Hi all, Hope you are having a nice day!

I know that individual advice cannot be given, but wondered where I can find some examples of forms completed in a way which worked!

I am appealing my ESA, and have just joined this site. Is there anywhere that I can get advice or good examples of forms - I now am completing on Limited capacity for Work forms again.

I appealed late as I was having hip operations and just wrote them a letter explaining that I wanted to appeal but had missed the deadline and why. I have completed one form and now have the limited capacity for work form to do (yet) again.....

When I wrote a letter to appeal late, I queried why I got zero points at my medical despite my various medical complaints and being told at the medical that my incontinence could not be assessed (how do I get points for things if they cannot assess at that medical)..... I have received no information or explanation, just these forms.

I have quite a number of conditions and have had so many procedures, that I included 3 typed pages of A4 with my initial appeal form they got me to complete (which I returned with my sick notes).

Are there benefits lawyers who can help around - are you allowed to take one into the appeal with you?

Many thanks to all

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Re: Appealing my ESA 10 years 2 months ago #24120

  • tilly
they have not been paying me since my appeal letter - do I need to sumit something else, as I expected to get teh ESA at assessment rate while I appealed as they asked for my sick notes.....

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Re: Appealing my ESA 10 years 2 months ago #24143

  • millymoo
Hi Tilly

My experience with continued payment of assessment phase of ESA is that i wrote on my appeal form that i wanted to continue claiming it aswell as housing benefit and council tax benefit. I was told to add information on by someone at DWP and they did continue paying it.

As far as points are concerned if you are incontinant you should have been awarded points for that. At my atos medical they didnt take incontinance into account but Citizen Advice wrote to my GP who confirmed my disability and how it affected me which included incontinance as i have severe crohn's disease and i am affected badly by this. Because of this i was awarded full points (you only need to be affected by incontinance once a week to be awarded any points) it was CAB who told me this. So please dont give up and keep us informed good luck.

Kind regards
Julie

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Re: Appealing my ESA 10 years 2 months ago #24227

Hi Tilly,

There's detailed information about completing ESA forms - including sample answers - and about appeals in the members area. Just click on the Help for claimants link in the orange menu and follow the links.

We don't publish copies of completed forms, however, as we feel that just publishing answers without explanations of how to give accurate evidence wouldn't be helpful.

The only way a solicitor would attend an appeal hearing is if they were being paid, as there is no legal aid for representation at benefits appeals. However, it's worth contacting any advice agencies or law centres you have in your area.

Good luck,

Steve

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

Re: Appealing my ESA 10 years 2 months ago #24228

  • tilly
Thanks Julie, I did explain to the helplines that I wanted to continue to claim and appeal (they told me it would be at assessment rate), and was advised to just write a letter explaining why I wanted to appeal the decision and send sick notes, etc.

I wrote to them yesterday asking why I am not being paid at assessment rate, which my husband posted yesterday and will post another letter recorded delivery this week. I have found I have to send things recorded delivery, as they claim non receipt.

Thanks Steve, I am wondering if paying a specialist to help me may be worth it in the long run, as I just don't know my way around any benefits at all, having never claimed anything ever before, I have worked all my life and luckily was never ill to not be able to work before.

All the best

Tilly

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Re: Appealing my ESA 10 years 2 months ago #24230

Hi Julie, Do you get DLA for your condition. I have severe IBS, still under hospital etc. BestWishes

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