Who do you use for Representation for ESA Appeal

I am about to start an appeal against my ESA medical,my benefit was stopped as of 24th July due to the medical report and my being found fit for work.

I have been on contribution based ESA WRAG since 2009,forms and medical completed without problems plus I have a full diagnoses of ME/CFS from St Peters Hospital, I have since also been found to have Hypothyroidism.

In November 2011 I received a new medical form to complete, which I did with the help of the CAB.

January 2012 received request for a Medical assessment at Atos and after several phone calls it was established that all the centres were at least 40 mins away with no parking at any (I had moved since my first assessment). After a lot of trouble and a refused request for a home assessment I was granted taxi transfer. I had a lot of stress getting this sorted out as I was initially told I had to pay the fare at £40 each way and then claim it back, money I did not have.

The medical was eventually carried out 27th February 2012 a friend was due to accompany me but had to let me down at the last moment, in hind site I should have cancelled but as the taxi was already on it’s way I went alone, this was counted against me.

I have no witness for my side as to what followed at the centre but in the report the tester has [Mod Edit] about events, claimed I did this which I did not and claimed I decline all the test which in fact I was in no fit state to be tested and had completely broken down during the initial interview stage. When I asked if I should make another appointment I was told it was not required and I did not need to come again.

Since the medical assessment I received a 40 page ESA3 10/11 earnings based form as I had to change from contribution based to earnings based. This was also completed with the help of the CAB I had more than enough points and was sent off in March 2012. I also had to complete a property questionnaire, this did not affect the benefit.

I since have received letters telling me I still qualify and would continue to get earnings based ESA in the WRAG group.

On the 9th August a letter was sent to me telling me that all my benefit had be stopped as of 24th July due the my being deemed fit for work at a medical that was held with me on the 22nd June 2012. I did not have a medical on the 22nd June 2012 and it appears that the medical I had in February was not reported on until June 2012 and I was deemed fit for work even though I was in no fit state to complete the medical and the medical was stopped without the tests being done.

This whole year has been taken up with completing ESA forms and the medical, my whole year so far has been made very stressful due to it all and just when I think everything is sorted and I can calm down I get this.

I am now completely confused and need to know what to do especially the question about representation, is there someone I can use for this or where to I go to get this help, I am also desperate for money and fear my housing benefit will also be stopped. I have no family to help me,it is just me and my two teenage boys one of which is currently being tested for Asperger's Syndrome

Many thanks for anything you can help with

CJL777 wrote:

I am about to start an appeal against my ESA medical,my benefit was stopped as of 24th July due to the medical report and my being found fit for work.

I have been on contribution based ESA WRAG since 2009,forms and medical completed without problems plus I have a full diagnoses of ME/CFS from St Peters Hospital, I have since also been found to have Hypothyroidism.

In November 2011 I received a new medical form to complete, which I did with the help of the CAB.

January 2012 received request for a Medical assessment at Atos and after several phone calls it was established that all the centres were at least 40 mins away with no parking at any (I had moved since my first assessment). After a lot of trouble and a refused request for a home assessment I was granted taxi transfer. I had a lot of stress getting this sorted out as I was initially told I had to pay the fare at £40 each way and then claim it back, money I did not have.

The medical was eventually carried out 27th February 2012 a friend was due to accompany me but had to let me down at the last moment, in hind site I should have cancelled but as the taxi was already on it’s way I went alone, this was counted against me.

I have no witness for my side as to what followed at the centre but in the report the tester has [Mod Edit] about events, claimed I did this which I did not and claimed I decline all the test which in fact I was in no fit state to be tested and had completely broken down during the initial interview stage. When I asked if I should make another appointment I was told it was not required and I did not need to come again.

Since the medical assessment I received a 40 page ESA3 10/11 earnings based form as I had to change from contribution based to earnings based. This was also completed with the help of the CAB I had more than enough points and was sent off in March 2012. I also had to complete a property questionnaire, this did not affect the benefit.

I since have received letters telling me I still qualify and would continue to get earnings based ESA in the WRAG group.

On the 9th August a letter was sent to me telling me that all my benefit had be stopped as of 24th July due the my being deemed fit for work at a medical that was held with me on the 22nd June 2012. I did not have a medical on the 22nd June 2012 and it appears that the medical I had in February was not reported on until June 2012 and I was deemed fit for work even though I was in no fit state to complete the medical and the medical was stopped without the tests being done.

This whole year has been taken up with completing ESA forms and the medical, my whole year so far has been made very stressful due to it all and just when I think everything is sorted and I can calm down I get this.

I am now completely confused and need to know what to do especially the question about representation, is there someone I can use for this or where to I go to get this help, I am also desperate for money and fear my housing benefit will also be stopped. I have no family to help me,it is just me and my two teenage boys one of which is currently being tested for Asperger's Syndrome

Many thanks for anything you can help with

Hi CJL,


As it appears that you are new to the forum, and just in case that you haven’t already done so, it may help if you read :

Welcome to Benefits and Work

You can access our FAQ’s in the yellow Spotlight Area, at the top above the forum, from here :

FAQ’s

You can search the forums for previously posted topics from here :

Searching The Forum

To see potential sources of advice, and representation, see :

Where to get advice?

You can access our ESA Guides from here :

ESA Guides

You can access our DLA Guides from here :

DLA Guides

You can access all our B&W Guides from here :

All B&W Guides

Information on Personal Independence Payment, (PIP) can be found here :

Personal Independence Payment (PIP)


I understand that you must find this all most distressing, however can you please try and keep your posts to a shorter format when posting in the future.

Posts appear in the pre-moderation area as one solid block of text, and it makes it difficult to check the post for unsuitable content, further it makes it harder for us to sift out the actual query.

If your query is about appealing, you have one month to appeal the fit for work decision, you should also provide a "fit note" MED3 from your G.P. to cover you from the date of disallowance of your benefit.

I am not sure from your post whether you have lost your entitlement to Contributary ESA though, under the 365 day limit rules, see :

12 Month Limit for ESA(CB) Updated 10/03/12

Or whether in fact you are entitled to Income Related ESA, which has no time limit.

With regards to appealing see :

How to submit an appeal

In :

Appeals FAQ’s

With respect to representation, you can appoint any willing person to represent you, if you wish to have professional representation, you should seek it from Citizens Advice, etc, see :

Where to get advice?

Hope this helps, if you have any further general questions please repost here.

bro58