ESA appeal

hello again everyone,

I reported the DWP to the information commissioners office because they have not responded to my request for a disclosure, but have not heard anything yet.

I received the bundle of papers regarding my appeal on Saturday, they accept examining me without having my ESA50, but in their submission they said they later asked a doctor if it was correct to assess me without my ESA50, he agrees with them.

But how could they possibly know how my conditions affect me without the evidence I put on the claim form, I was of the impression that the ESA50 was evidence submitted by me, thats why they send them out and why we take hours to complete them.

They say in the descriptors that there was no evidence to support my claim, but I submitted evidence on how things affect me on the ESA50, they say I can claim ESA but that I am in the work related group.

After reading some discussions in this forum, I now fear that if I persue my appeal and it is not upheld, I could possibly lose my DLA and industrial injuries benefit as well as ESA.

Correct me if I am wrong but contribution based ESA can only be claimed for a year.

What happens after that?

I really do smell a Rat away here, any advice please because I seem to be unable to get help from anywhere.

pooch wrote:

hello again everyone,

I reported the DWP to the information commissioners office because they have not responded to my request for a disclosure, but have not heard anything yet.

I received the bundle of papers regarding my appeal on Saturday, they accept examining me without having my ESA50, but in their submission they said they later asked a doctor if it was correct to assess me without my ESA50, he agrees with them.

But how could they possibly know how my conditions affect me without the evidence I put on the claim form, I was of the impression that the ESA50 was evidence submitted by me, thats why they send them out and why we take hours to complete them.

They say in the descriptors that there was no evidence to support my claim, but I submitted evidence on how things affect me on the ESA50, they say I can claim ESA but that I am in the work related group.

After reading some discussions in this forum, I now fear that if I persue my appeal and it is not upheld, I could possibly lose my DLA and industrial injuries benefit as well as ESA.

Correct me if I am wrong but contribution based ESA can only be claimed for a year.

What happens after that?

I really do smell a Rat away here, any advice please because I seem to be unable to get help from anywhere.

Hi P,

As far as I am aware, but stand to be corrected, there is nothing in law that states that they have to use an ESA50 in the WCA process.

Obviously, if you can prove that they have failed to take into account important evidence that was included in your ESA50, and they had access to it, but failed to take it into account, this can only help with your appeal.

There is a risk involved in appealing with regards to being classed as fit for work, but to do this, they would have to give you a face to face assessment first, further if the Tribunal is considering reducing your existing award of WRAG they must first inform you, and give you the opportunity to withdraw your appeal, see :

Appeals FAQ’s

Your appeal for ESA cannot have any direct effect on your DLA or IIB, as they are totally different benefits/allowances, with different qualifying criteria.

I think you may be getting confused, in that we are aware that sometimes DLA medical reports are used by the DWP DM in determining an award of ESA, and vice-versa.

This may be the case, if there was anything in one report that was contradictory to an award of the other benefit/allowance.

With regards to the 365 day entitlement to Contributary ESA in the WRAG, see :

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

&

12 Month Limit for ESA(CB) – Implementation New

bro58

Also regarding advice P,

Have you tried potential sources here? :

Where to get advice?

bro58

Thanks bro58,

That's typically me, look too deep into things!

I Am working on my appeal, they say there is no evidence to support my claims but there was evidence in the form of the ESA50 and my dla award letter but they have disregarded that.

And I note in their summary they say that all my physical problems were assessed but does not mention anything about my depression or anxiety.

Will post when I hear more.

Thanks