esa and dla help

hi,i have won my appeal for esa after recieveing 0 points from the esa medical,i now have 27 points from the appeal board and they made a recomendation that due to my condition i should not have a medical for 18 months,i have been placed in wrag and am entitled to nothing as i have recieved it for 365 days,can i appeal to be placed in sg ? i also had my dla turned down as they took it from the original esa medical report,i have sent them a copy of the appeal report but are saying it has not arrived,would this information help my appeal ? i have Osteoarthritis,cervical spondylosis,asthma which is under control,severe depression,aswell as migraines and sleepless nights
any advice would be very much appreciated

marin wrote:

hi,i have won my appeal for esa after recieveing 0 points from the esa medical,i now have 27 points from the appeal board and they made a recomendation that due to my condition i should not have a medical for 18 months,i have been placed in wrag and am entitled to nothing as i have recieved it for 365 days,can i appeal to be placed in sg ? i also had my dla turned down as they took it from the original esa medical report,i have sent them a copy of the appeal report but are saying it has not arrived,would this information help my appeal ? i have Osteoarthritis,cervical spondylosis,asthma which is under control,severe depression,aswell as migraines and sleepless nights
any advice would be very much appreciated

Hi m,

You can only appeal The First Tier Tribunal's decision to place you in the WRAG to The Upper Tier, if there has been an Error of Law, see :

What is an Error of Law?

You may need professional advice to see whether this is possible, and you would first have to request a Written Statement of Reasons from The tribunal, see :

Tribunals – Requesting a Statement of Reasons

&

Where to get advice?

As it would seem that your DLA application has been refused due to information in the ESA Medical Report, which has now been discredited by The Tribunal, you could use this fact in appealing the non-award of DLA.

See also :

Sending Documents to the DWP or ATOS

I gather that you have copies of all the evidence used in the original adverse ESA decision. You should have received these in your "Evidence Pack" (bundle).

If you haven't got them see :

ESA Forms

ESA medical – what forms to ask for?

Another option would be to ask for a "supersession" (review) of your WRAG award if you feel that your condition has deteriorated since the original decision.

See :

Qualifying for the Support Group

There is some risk involved, in that your ESA Award would be looked at again, however, as it seems that you are no longer in receipt of any payment, the risk is obviously diminished.

You may still wish to seek advice though.

bro58

bro58 wrote:

marin wrote:

hi,i have won my appeal for esa after recieveing 0 points from the esa medical,i now have 27 points from the appeal board and they made a recomendation that due to my condition i should not have a medical for 18 months,i have been placed in wrag and am entitled to nothing as i have recieved it for 365 days,can i appeal to be placed in sg ? i also had my dla turned down as they took it from the original esa medical report,i have sent them a copy of the appeal report but are saying it has not arrived,would this information help my appeal ? i have Osteoarthritis,cervical spondylosis,asthma which is under control,severe depression,aswell as migraines and sleepless nights
any advice would be very much appreciated

Hi m,

You can only appeal The First Tier Tribunal's decision to place you in the WRAG to The Upper Tier, if there has been an Error of Law, see :

What is an Error of Law?

You may need professional advice to see whether this is possible, and you would first have to request a Written Statement of Reasons from The tribunal, see :

Tribunals – Requesting a Statement of Reasons

&

Where to get advice?

As it would seem that your DLA application has been refused due to information in the ESA Medical Report, which has now been discredited by The Tribunal, you could use this fact in appealing the non-award of DLA.

See also :

Sending Documents to the DWP or ATOS

I gather that you have copies of all the evidence used in the original adverse ESA decision. You should have received these in your "Evidence Pack" (bundle).

If you haven't got them see :

ESA Forms

ESA medical – what forms to ask for?

Another option would be to ask for a "supersession" (review) of your WRAG award if you feel that your condition has deteriorated since the original decision.

See :

Qualifying for the Support Group

There is some risk involved, in that your ESA Award would be looked at again, however, as it seems that you are no longer in receipt of any payment, the risk is obviously diminished.

You may still wish to seek advice though.

bro58

Hi again m,

As it appears that you are new to the Forum, these links may be helpful also :

DLA FAQ’s

ESA FAQ’s

Appeals FAQ’s

DLA Guides

ESA Guides

bro58

thanks bro i'll have a look at them all