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I am appealing ESA WRAG to go to support group but

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12 years 3 months ago - 12 years 3 months ago #98284 by annepnash
Hi

I was reconsidered and placed into WRAG group and I am now appealing to be placed on Support. The CAB helped me to get through to the WRAG group with the inforation also that I got off here. They told me that I was lucky to have got that and I would not get anywhere by appealing.

When I went to the jobcentre plus. The lady there told me that I had nothing to loose by appealing after I was telling her my problems. (I will get nothing under the means testing so my money will stop regardless)

However, I have new debilitating symptoms after the Doctor put me on tablets for depression they have caused me to have diarrhoea. I have been given tablets to calm this but they are not working. .I have always had IBS but somehow I did not include this in my list of problems on the original form, why I do not know.
It was not too much of a problem previously but now I need to be near a toilet at all times. I do not eat anything in the morning if I am going out as I would not have time to reach a toilet. None of this is on my original form or my subsequent correspondence.

I have got Chronic Fatigue Syndrome

Anyway I am in a quandary now as to what I should do.

I don't feel that I can approach CAB for advice and don't really know what to do or who to turn to.
Last edit: 12 years 3 months ago by bro58. Reason: TICK

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12 years 3 months ago #98291 by slugsta
If you have been around this site for a while, you probably know that the tribunal can only consider your condition as it was when the first decision was made, they cannot take into account anything that has happened since.

You have several options at this point -
You could await the tribunal and hope that they award you Support Group ESA. If not successful, you could ask for a supersession on the grounds that your condition has worstened since the original decision. If asking for a supersession, I would expect you to go through the whole assessment process again.

You could ask for a supersession which would run alongside your appeal. The potential problem with this is that the appeal decision would only run until the supersession decison which might not be in your favour (supposing that the appeal was decided first and the supersession was not in your favour).

You could wait until your next planned reassessment and hope to gain Support Group ESA at that time. Did you ask for details of the first decision, do you know what yor 'prognosis' is?

The other mod's might have other ideas to add when they read your post.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Brightskies2009, annepnash

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12 years 2 weeks ago - 12 years 2 weeks ago #102929 by annepnash
Hi I have shortly got my appeal.

I also had to complete ESA50 sent back beginning if April using the guides.

My husband/carer has done a letter and he is taking me and I have a brief letter from GP saying I have CFS

I am appealing 2 points
• 16. Chewing or swallowing food or drink.

(b) Cannot chew or swallow food or drink without repeatedly stopping, experiencing breathlessness or severe discomfort;

and

10. Awareness of hazard.
Reduced awareness of everyday hazards, due to cognitive impairment or mental disorder, leads to a significant risk of:
(a) injury to self or others;


Cannot find any advocate in this area to help all the agencies are tied up with Bedroom tax and PIP changes and local help said I had done as much as they could do anyway

Should I do a statement myself that they can read? I get confused and if I am stressed then I just can't think.

My GP a the moment is a sitting on the fence person although he has referred me for tests for my memory problems.

The Dr he has sent me to has said that the illnesses that I have got may have affected my body in an irreversible way before I was diagnosed and they can only eliminate certain things I have had CT scan which was clear and am awaiting MRI scan

I have watched the UTube video


Any hints tip or other advice please?
Last edit: 12 years 2 weeks ago by Gordon.

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12 years 2 weeks ago #102935 by Gordon
Anne

I think your writing a statement would be a good idea.

It will allow you to collect your thoughts in one place , in the luxury of your own home. Tribunals can be quite intense as the panel will be trying to cram in as much as possible in the 40-50 minutes they have available, so it will be quite easy for you to become flustered in this situation; and having the submission in front of you will give you to have an anchor point to refer to.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: annepnash

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12 years 2 weeks ago - 12 years 2 weeks ago #102937 by annepnash
Thanks Gordon

Should I write it and sent it in as evidence?
Last edit: 12 years 2 weeks ago by Gordon.

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12 years 2 weeks ago #102941 by Gordon

Anne wrote: Thanks Gordon

Should I write it and sent it in as evidence?


That would be best, as it avoids problems on the day of the hearing with it being admitted. Send your letter to the Tribunal Service, they will distribute it on to all concerned parties.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: annepnash

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