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Re:Kicked out of ESA Support Group - So Angry 10 years 1 month ago #24904

Hi Eyupmiduck

I think it is an excellent suggestion from Mary U, to get a copy of your previous medical report and make sure it is in front of the tribunal. The onus should be on the Decision Maker to show that your condition has improved since your last medical, which would be quite difficult. It would be even more difficult and complex for them to argue that their previous decision was wrong.

You say you have a progressive illness and the clue is in the name, but it seems the DWP are confused about the direction that your illness is progressing in, and expect it to get better.

Good luck with your appeal

Derek

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Re:Kicked out of ESA Support Group - So Angry 10 years 1 month ago #24947

  • Rachel
Hi, I'm PPMS and going thru appeal so know what you are going through.

I suggest that you get a copy of the medical report which will probably have been submitted by your neuro for your DLA assessment. Don't assume ESA will have seen this. I did this, rang them and got it retrieved from archive, it was a good report containing all sorts of evidence, but the most important to me as a progressive was that they gave me an EDSS rating at the time of 6.

It may be that you can ask your neurologist to assess your rate of increasing disability on this basis. I'm just a beginner, but that's what I am going to try.

It's blimmin horrible not being allowed time to grieve, its been a swift horrible exhausting process and the government is totally heartless.

Keep your courage as with good representation, you will get there!

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Re:Kicked out of ESA Support Group - So Angry 10 years 1 month ago #25004

  • Eyupmiduck
Hi all and thanks so much for all your helpful and constructive comments/advice.

I vaguely recall seeing last year's medical report and I'm sure I won't have chucked it so it means raking through all my papers to try and find it, otherwise I suppose I'll have to get a copy off ATOS or the Jobcentre Plus.

I can't actually remember reading the report, so I don't know if I was so pleased to have been awarded Support Group I just didn't bother and filed it away. What's the betting if I can't find my copy and ask for one, they'll have 'mislaid' it? ;)

I don't know about getting a report from my Neuro but I can always ring and find out if he'd do one. I only see him once a year and am not due to go again until October, but I do have an open appointment with the MS nurses at the same hospital. I last went about two years ago but they said I could just phone up and make an appointment any time so that might be an idea.

I'm also going to go and see my GP who was really helpful filling in forms and doing reports when I took early retirement. She's a real trooper. ;)

No sign of the decision letter yet, but the Jobcentre Plus chap said give it a week. Disability Direct haven't replied to my e-mail either, but there are other organisations I can try and enlist.

The latest edition of New Pathways, the MS magazine I get, has a full page article on the new medical tests on page 32 and at the end of it it asks readers to write in with their experiences, so I'll do that as well.

I could really do without the aggravation - couldn't we all - but there's no way I'm letting this go unchallenged. God alone knows how on earth people who suffer with depression or mental health problems even begin to get their heads round this load of nonsense.

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Re:Kicked out of ESA Support Group - So Angry 10 years 1 week ago #26599

  • Eyupmiduck
A quick update on my situation with being taken out of the Support Group and put in the Work Related Activity Group for ESA. I submitted my appeal form a couple of weeks ago by recorded delivery, having used the appeal guides and have had an acknowledgement from the DWP. I now have to wait for a date. Obtaining copies of my two ATOS medical reports has been like plaiting fog. I first phoned the Jobcentre Plus dealing with all this four weeks ago and was told they would be sent -nothing. A further two phone calls resulted in the same apologies and assurances, the last one from a manager after I got annoyed. That was two weeks ago and still no reports. I live in Derby and they've got to come 14 miles from Nottingham! I rang again today and told them I want the reports by the end of the week or else I'm filing a formal complaint against them. Why does everything have to be such bloody hard work? On a brighter note, I will be featuring in the next issue of the MS magazine New Pathways. I e-mailed them telling them about my situation and they were very interested to bring it to a wider audience, which I'm pleased about. I think the more people know about how ridiculous this whole rotten set-up is, the better.

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