× Members

Failed ESA appeal.

  • smithy220
  • Topic Author
12 years 9 months ago - 12 years 9 months ago #90217 by smithy220
Failed ESA appeal. was created by smithy220
Hi everyone.
Just wanted some advice if anyone would be able to help then that would be great.
In short, I have just been informed that my ESA appeal has not been overturned and that they are going to get the tribunel dept to contact me.
My condition has changed, I now have to have my back fusion revised and more metal work put into my back and this will take about another year and a half to recover from - if I do.

I informed DWP regarding this and they said it was not a new case but to send additional info, which I did but unfortunately I am still waiting for the letter from my consultant but I have sent an up to date sick note last week by recorded delivery and this had ' awaiting revision surgery ' on it.

I heard today that they have found me fit for work after reviewing my appeal. If my condition is set to get worse before better , hence the surgery and recovery, where does that leave me with a new claim or existing appeal.

If anyone could give me advie then it would be a great help.
Last edit: 12 years 9 months ago by slugsta.

Please Log in or Create an account to join the conversation.

More
12 years 9 months ago #90221 by Gordon
Replied by Gordon on topic Re:Failed ESA appeal.
Smithy

If I remember correctly you are appealing a Fit for Work Decision and you ESA(CB) has been stopped because of the 12 month limit, and you do not qualify for ESA(IR) becuase your husband works.

You say your condition has changed, but also that you are awaiting an operation, has your condition already deteriorated or are you anticipating it doing so while you re-cuperate from your surgery?

The problem you have is that while you continue to have a status of Fit for Work you have no eligibility for ESA, as a consequence, you cannot request an re-assessment based on your condition deteriorating on your existing claim, in the hope of being placed in the Support Group, and unless you can re-meet the Contribution requirements for ESA(CB) you cannot make a new claim for ESA. Catch-22 :(

I think you need to think about getting face to face advice regarding your situation, as everything hangs on you being found to have Limited Capability for Work again at your appeal.

See

Where to get advice?

Gordon

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

Please Log in or Create an account to join the conversation.

  • smithy220
  • Topic Author
12 years 9 months ago - 12 years 9 months ago #90230 by smithy220
Replied by smithy220 on topic Re:Failed ESA appeal.
Hi Gordon, thanks for replying.

In answer to your question regarding my condition, after waiting for 9 months for an eventual appt with the consultant it turns out that my fusion ( i had this in july 2011) has failed, the screws have turned and there is a crack in the bone. i have to have this op done again and more of my back fused than was done originally , with a 6 month waiting list, and it could take up to a year and a half to fully know whether this is a success.

You are correct in saying i am recieving no money, cannot get jsa and i just don,t know what to do now. Dwp said when i told them about the op that it wasn,t a new claim but surely if i have major surgery to face how can i be expected to go back to work.

I do want to get back on my feet but obviously this is the only option i have.

Just feel as though they think i am making it all up and the appeal report that came today almost reiterated this. It made me feel awful.
Last edit: 12 years 9 months ago by slugsta.

Please Log in or Create an account to join the conversation.

More
12 years 9 months ago #90233 by Gordon
Replied by Gordon on topic Re:Failed ESA appeal.
Smithy

You need to get advice, as everything appears to hang on the Decision of the appeal panel.

Unfortunately, these are exactly the circumstances that the Lords were concerned about when the 12 month limit was forced through.

Gordon

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

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid