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E.S.A. Tribunal - outcome

  • patmdoyle
13 years 4 months ago #36400 by patmdoyle
Replied by patmdoyle on topic Re:E.S.A. Tribunal - outcome
Hi I too have just been told I only scored 6 points at the Atos medicalfor not being able to walk more than 200 metres and my ESA has been stopped. I have M.E and 3 herniated dics in my spine that I am waiting for an operation on. I have been thinking of appealing and reading your post I think we owe it to other M.E sufferers to keep going.I am amazed that you too have been told you are not getting ESA and how do they think you can do a job. My job has been kept open but my employer visited me last week to say he would give me a letter stating I am not fit to work in his office. Do you think I should get this for my appeal or won't they take any notice. What are we supposed to do for income. I can't afford my prescriptions anymore unless I sell something.The whole process makes your illness worse. I put on my ESA50 that I couldn't sit for more than 10 minutes but the nurse said I could even though I had to keep getting up at the medical. Any help would be appreciated.

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13 years 4 months ago #36404 by Gordon
Replied by Gordon on topic Re:E.S.A. Tribunal - outcome
patmdoyle

With regard to prescription costs.

You can see whether are eligible to free prescriptions and some other bits by filling in an HC1 form. You should be able to get the form from your Doctors Surgery.

If you are not eligible, you can apply for a Prescription Prepayment Certificate for £104 a year which covers all costs for that period.

www.ppa.org.uk/ppa/ppcdd/patient.do

Gordon

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

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  • patmdoyle
13 years 4 months ago #36411 by patmdoyle
Replied by patmdoyle on topic Re:E.S.A. Tribunal - outcome
I am not eligible for free prescriptions because my husband works but I will look at getting the annual thing. Can you give me any advice on whether I should get my employer to give me a letter. I can't claim Jobseekers because I have a job I can't physically do. I rang and told the DWP I am going to appeal and the are sending me the forms. I have done a letter to accompany the forms. Should I send that now and tell them I am requesting the assessment phase rate. Wh pays my N.I stamp now. Sorry but I am starting to panic. I am housebound because of the M.E and my husband works away so I get worried about coping.I am reading the guide on appealing and wonder how you get somebody to represent you. Should I se a solicitor or ring the CAB?

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13 years 4 months ago - 13 years 4 months ago #36415 by Gordon
Replied by Gordon on topic Re:E.S.A. Tribunal - outcome
M.E Sufferrer

The answer to whether you are eligible for payment is complicated and not definite. Here is our understanding, basically there are two aspects.

When the Lower Tribunal has made a decision in favour of the DWP, your right to receive ESA Assessment Rate ceases as of the date of the Tribunal decision.

Appealing to the Upper Tribunal is a slightly different process from the Lower one. Your appeal will be reviewed and only if it is considered valid will it be submitted to the Upper Tribunal. During this period you are NOT enitled to benefit.

If the appeal is accepted to be heard by the Upper Tribunal then the DWP Decision Maker can revise the decision to cease payments and can, if they wish, re-instate ESA Assessment Rate payments. I am afraid we do not know whether this would be back dated.

That's the good news, unfortunately we have several members who are also going through this process and the DWP have refused to re-consider payment. So I am afraid you must consider this as a possibility if you decide to pursue the appeal.

Update @15:09
If the Decision Maker decides that not to make further payments, it should be possible to appeal this decision.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 13 years 4 months ago by Gordon. Reason: Added extra content.

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  • patmdoyle
13 years 4 months ago #36447 by patmdoyle
Replied by patmdoyle on topic Re:E.S.A. Tribunal - outcome
Sorry I mustn't have explained myself properly. I have only had the medical and been turned down on 6 points. I haven't yet had an appeal. Got the letter saying no more ESA on Monday.

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  • RachelPotter
13 years 4 months ago #36459 by RachelPotter
Replied by RachelPotter on topic Re:E.S.A. Tribunal - outcome
Hi patmdoyle. If you appeal, your ESA will be reinstated and backdated at the assessment rate until your appeal is heard, so the sooner you tell them that you want to appeal the better.

If you decide not to appeal, you can clain Job Seekers Allowance.

Best wishes,
Rachel

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