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ESA MEDICAL RESULTS!

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LS
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13 years 2 months ago #46115 by LS

ESA MEDICAL RESULTS! was created by LS

Hi, I recently had a medical examination just after being granted the higher rate DLA and middle carers benefits.
I've just received a letter stating that I've been placed in the Work related Activity Group?
I'm absolutely green at this, as I've suffered my Illness for some Four Years before attempting to claim benefits.
Does this mean that I still have to ask my GP for medical certificates and attend work related sessions?
I can't believe I've not been put in the support group?
Please, can you advise me if I need to appeal against this decision and whether I should contact the CAB legal woman, who dealt with my claim for DLA, to arrange a hearing etc?

Please help if you can?
Many thanks all,
Len Sherwood.

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Survivor

13 years 2 months ago #46118 by Survivor

Replied by Survivor on topic Re: ESA MEDICAL RESULTS!

You don't need to send in medical certificates now that you've been notified in writing that you've got ESA. You will have to keep attending work focussed interviews and you can be required to engage in work-related activity.

You could appeal, but be aware that the appeal could go either way and you could lose your ESA altogether. You may find it helpful to read our guide to ESA appeals in the Help for Claimants section.

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LS
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13 years 2 months ago #46121 by LS

Replied by LS on topic Re: ESA MEDICAL RESULTS!

Thanks for your swift response.
Should I contact the lady from CAB, who told me to contact her if problems arose regarding these matters?
She was very helpful and from the Legal Team of the CAB?
I will read your guide and look forward to any more advice regarding this matter.
Thanks,
Len Sherwood.

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LS
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13 years 2 months ago #46152 by LS

Replied by LS on topic Re:ESA MEDICAL RESULTS!

I've quickly read over the ESA Appeal notes on your site, and if i'm correct? It basically says that because I've been granted ESA Work Related benefits and not been put in the support group, that I can LOSE ALL BENEFITS if I choose to appeal this decision?
This seems like a no-win situation, where I should be grateful for what I've been given and accept it, as if I choose to appeal, they may take ALL benefits away?
Surely, if the DWP have granted me the higher rate mobility and middle rate carers rate, they should be able to see that I have severe walking, standing and sitting problems and place me in the support group??
Please advise if you can, as I am becoming extremely worried as to how to proceed with this matter??

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originaldave

13 years 2 months ago #46159 by originaldave

Replied by originaldave on topic Re:ESA MEDICAL RESULTS!

Len Sherwood wrote:

I've quickly read over the ESA Appeal notes on your site, and if i'm correct? It basically says that because I've been granted ESA Work Related benefits and not been put in the support group, that I can LOSE ALL BENEFITS if I choose to appeal this decision?
This seems like a no-win situation, where I should be grateful for what I've been given and accept it, as if I choose to appeal, they may take ALL benefits away?
Surely, if the DWP have granted me the higher rate mobility and middle rate carers rate, they should be able to see that I have severe walking, standing and sitting problems and place me in the support group??
Please advise if you can, as I am becoming extremely worried as to how to proceed with this matter??

the connection between dla and esa is such that just because you get dla it does not mean you will get in support group, as others will tell you people on both higher rates of dla have full time jobs

and your spot on getting it looked again can affect the original decsion

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Gordon
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13 years 2 months ago #46163 by Gordon

Replied by Gordon on topic Re:ESA MEDICAL RESULTS!

Len

A tribunal does not review evidence for a specific aspect of your case, but reviews the whole decision, including the aspects by which you were given 15 or more points for the WRAG.

That is why the guides warn that it is possible to lose the benefit you have already been given. However, such a decision is limited to the benefit that you are appealing, so an adverse ESA appeal would not directly result in the removal of your DLA.

I should be able to stop at this point, but there seems to be an increasing trend by the DWP to use adverse ESA decisions to initiate a re-assessment of a DLA claim.

So making an appeal, when you ave been placed in the WRAG should be considered carefully. I would recommend that you seek face to face advice from the CAB or a Welfare Rights Officer who can look at all aspects of your case.

Gordon

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

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