ESA65

I too am having the same problem

After being on IB for some years, I have been placed in the WR group without the benefit of a medical.

I appealed the decision and at the same time requested all documents pertaining to my case in order to formulate my appeal and in particular the DM statement of reasons with the no of points scored and for which descriptors.

I have written two letters again making the same request and numerous telephone calls, I was told 2 days ago that I would receive them in the post within two to three days!(won't hold my breath)

I have received my appeal bundle with no ESA 65 so have no idea on about what points I scored and for what. I did receive the ESA85A in which it states I scored more than 15 points and in the prognosis column it states " I advise that a return to work is unlikely for at least 2 years!

When I sent in my appeal I stated that further documentation would follow when I had a chance to view their decision and descriptors not met?
Their covering letter stated that they tried to telephone me twice on 30 September and were unable to speak to me, and that as no further evidence was supplied by me they had sent off my appeal to the tribunal
On my ESA 50 it clearly states I would be unavailable between 24 Sept. and 7 October. I have an answer phone and no message was left. They really do make things very difficult and would almost appear to be obstructive in their communications.

Another letter of complaint is on the way to them.

How on earth is one meant to formulate an appeal without knowing what your are appealing against? (ie points scored etc)

I am also sending a copy to the tribunal service.

Margaret

margaret
wow, this is some merry go round we are all on isnt it, im exahusted!
it sounds as tho u have a very good case with ur ESA85a stating that u scored more than 15 points & that they advise no work for 2 yrs. i just wish mine did, iv been told i dont have an ESA65 cause i was not point scored at all which i find hard 2 believe.
the esa appeal guide states to beware the explination team calling u 2 try & persuade u 2 withdraw ur appeal. this normally happens if u request a revision but sometimes happens in appeal requests. it states that u might want 2 put on ur appeal form GL24 the following;

"If you wish to contact me about this please do so in writing. I do not wish to receive any
telephone calls as I consider welfare benefits too complex to be discussed over the telephone.
Please also note that under no circumstances will I withdraw my request verbally. If my request
is ignored and I am contacted by telephone any apparent verbal request to withdraw my
challenge will be based on a misunderstanding on your part."

tho u r already past this stage & u did state u would b unavailable on certain dates. i would defo complain as the DWP seem 2 have ignored this & as u say, why wasnt a message left on ur answer phone? i am in the middle of a letter to them myself as i want a written record of how many times iv called them & what was said etc.

good luck with ur appeal & keep us updated as i am in the same process & trying 2 get all the info i can.

cheers

martin

Hi Martin,
As I had no ESA65 I complied my appeal based on the justification of advise on the ESA85A medical report.
If you read thro each statement, decide whether you agree or disagree on each point thats made. I disagreed with 2 of the points as I felt they hadn't read my explainations on the ESA50 properly so I have pointed that out on my appeal as well as confirming there own prognosis of my unlikeliness to return to work in the future.
If you feel your GP's ESA113 hasn't been thorough enough then you could maybe draw their attention to that in your appeal and explain.
I think its safe to say that in what they say as scoring NO POINTS because there was no medical like with me, means that you did score over the 15 amount that qualifies you for ESA anyway, albeit the WRAG, maybe adding any more info missed out by your GP or anyone else might help if brought to their attention.
I have just repeated the information already submitted to them and the conclusions they have already ascertained, you on the other hand are able to add to the info they already have. Its still down to whoever decides.
Having said that you might get a ESA65 in the post yet...mad eh!

greeneyedlad wrote:

margaret
wow, this is some merry go round we are all on isnt it, im exahusted!
it sounds as tho u have a very good case with ur ESA85a stating that u scored more than 15 points & that they advise no work for 2 yrs. i just wish mine did, iv been told i dont have an ESA65 cause i was not point scored at all which i find hard 2 believe.
the esa appeal guide states to beware the explination team calling u 2 try & persuade u 2 withdraw ur appeal. this normally happens if u request a revision but sometimes happens in appeal requests. it states that u might want 2 put on ur appeal form GL24 the following;

"If you wish to contact me about this please do so in writing. I do not wish to receive any
telephone calls as I consider welfare benefits too complex to be discussed over the telephone.
Please also note that under no circumstances will I withdraw my request verbally. If my request
is ignored and I am contacted by telephone any apparent verbal request to withdraw my
challenge will be based on a misunderstanding on your part."

tho u r already past this stage & u did state u would b unavailable on certain dates. i would defo complain as the DWP seem 2 have ignored this & as u say, why wasnt a message left on ur answer phone? i am in the middle of a letter to them myself as i want a written record of how many times iv called them & what was said etc.

good luck with ur appeal & keep us updated as i am in the same process & trying 2 get all the info i can.

cheers

martin

Yes, Martin it is a merry go round as you say.

I have been passed from pillar to post, Lincoln say they don't have all the documents and they are in Derby, but they will ask for them. So far nothing, I have rang Derby who put me through to Coventry!! He said it was a call centre dealing with things and all he could say was that he could see my last letter on the system but no more and that I should be receiving my documents any time now. If you believe that you believe anything! As I am on CB ESA it will stop within 12 months anyway and they know that but still say a return to work within 2 years is unlikely? I have scored more than 15 points but don't know for what? Now I have my appeal bundle with very little in it and I am supposed to put my case forward. It is not fair at all. I got an appt for a WFI, rang the advisor who was extremely polite and understanding and told me not to worry about attending WFI, she will ring me on the day to see how I am. The JCP staff are not all difficult but God help you if you speak to one who is

I too am exhausted and feel like just letting them get on with it but my militant side thinks, like hell!