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ESA appeal-
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11 years 2 months ago - 11 years 2 months ago #99716 by yingy1
ESA appeal- was created by yingy1
I started my appeal in June 2012 after my ATOS assessment in May-I asked for a copy of the medical report when I sent my appeal but didn't receive this until after the decision had been made in December saying I was not entitled to ESA as had only scored 6 points for sitting and standing- I have Spondylosis which was diagnosed by X-Ray and Sciatica with severe restictions on walking dressing and just about every aspect of my life is affected. After numerous letters with evidence ie statements from my partner and daughter,continuous sick/fit notes from my GP, patient information sheets on the various cocktail of drugs (to show side effects) , an assessment by a qualified physio of over thirty years experience who says I have a pelvic disfunction which was probably caused by a fall I had in 2004 . I have finally received a letter from an appeals officer saying I have been placed in work related activity component from June 2012-my ESA is due to end this month as I have been on it for 12 months-Can anyone advise on the following-
Will I now have to start a new appeal or can I continue sending evidence to the tribunal service as I am saying I should be in the support group.
Will I have to attend the work interview at the jobcentre even though my GP (who I saw today) says I am not fit for work,also the physio assessment says that unless the pelvic disfunction is rectified I could cause further damage and more disablement.
I have used your guides throughout to help me but am at a loose end now what step to take- any advice would be most appreciated
Will I now have to start a new appeal or can I continue sending evidence to the tribunal service as I am saying I should be in the support group.
Will I have to attend the work interview at the jobcentre even though my GP (who I saw today) says I am not fit for work,also the physio assessment says that unless the pelvic disfunction is rectified I could cause further damage and more disablement.
I have used your guides throughout to help me but am at a loose end now what step to take- any advice would be most appreciated
Last edit: 11 years 2 months ago by . Reason: Tick.
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- Gordon
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11 years 2 months ago #99755 by Gordon
You say you have received a letter from an "appeals officer" saying that you have been placed in the WRAG.
Was this letter from the DWP or the Tribunal Service?
If, as I suspect, this was from the DWP and they have changed their original Decision after a Reconsideration, then your appeal will have been lapsed (cancelled), however, this new Decision is appealable, but you will have to start from scratch.
If the letter was from the Tribunal Service and is the result of an Appeal hearing being held, then you can only appeal the Decision if you can show that there has been an Error of Law, see
What is an Error of Law?
and
Tribunals – Requesting a Statement of Reasons
In either case, as you have not been placed in the Suppoort Group, your ESA(CB) payments will stop after the 365 days have elapsed, any further appeal will not change this unless and until you are placed in the SG.
Have you checked to see whether you are eligible for Income Related ESA as this does not have any time limit associated with it.
As a third option, if you can show that your condition has deteriorated since the date of the original Decision, such that you are now eligible for the SG, and have evidence to support this, then you can request that your claim is re-assessed and if successful, your ESA(CB) will be re-instated.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA appeal-
yingy1 wrote: I started my appeal in June 2012 after my ATOS assessment in May-I asked for a copy of the medical report when I sent my appeal but didn't receive this until after the decision had been made in December saying I was not entitled to ESA as had only scored 6 points for sitting and standing- I have Spondylosis which was diagnosed by X-Ray and Sciatica with severe restictions on walking dressing and just about every aspect of my life is affected. After numerous letters with evidence ie statements from my partner and daughter,continuous sick/fit notes from my GP, patient information sheets on the various cocktail of drugs (to show side effects) , an assessment by a qualified physio of over thirty years experience who says I have a pelvic disfunction which was probably caused by a fall I had in 2004 . I have finally received a letter from an appeals officer saying I have been placed in work related activity component from June 2012-my ESA is due to end this month as I have been on it for 12 months-Can anyone advise on the following-
Will I now have to start a new appeal or can I continue sending evidence to the tribunal service as I am saying I should be in the support group.
Will I have to attend the work interview at the jobcentre even though my GP (who I saw today) says I am not fit for work,also the physio assessment says that unless the pelvic disfunction is rectified I could cause further damage and more disablement.
I have used your guides throughout to help me but am at a loose end now what step to take- any advice would be most appreciated
You say you have received a letter from an "appeals officer" saying that you have been placed in the WRAG.
Was this letter from the DWP or the Tribunal Service?
If, as I suspect, this was from the DWP and they have changed their original Decision after a Reconsideration, then your appeal will have been lapsed (cancelled), however, this new Decision is appealable, but you will have to start from scratch.
If the letter was from the Tribunal Service and is the result of an Appeal hearing being held, then you can only appeal the Decision if you can show that there has been an Error of Law, see
What is an Error of Law?
and
Tribunals – Requesting a Statement of Reasons
In either case, as you have not been placed in the Suppoort Group, your ESA(CB) payments will stop after the 365 days have elapsed, any further appeal will not change this unless and until you are placed in the SG.
Have you checked to see whether you are eligible for Income Related ESA as this does not have any time limit associated with it.
As a third option, if you can show that your condition has deteriorated since the date of the original Decision, such that you are now eligible for the SG, and have evidence to support this, then you can request that your claim is re-assessed and if successful, your ESA(CB) will be re-instated.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: yingy1
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- yingy1
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11 years 2 months ago - 11 years 2 months ago #99885 by yingy1
Replied by yingy1 on topic ESA appeal-
got my letter today from the court to say appeal now stopped due to wrag decision-i have started new appeal as my gp is rereferring me for physio and fully supportive of my case-i have included the evidence previously sent to them when they changed their decision-also report from private physio stating until my pelvic disfunction is rectified work could make my condition worse-wish me luck and thank you for your site
Last edit: 11 years 2 months ago by Gordon.
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11 years 2 months ago #99888 by Gordon
Best of luck
I have just noticed that I missed one of your questions from your original post. as you now in the WRAG, you will be required to participate in Work Related Activity, this is still the case even though you have appealed, however, mentioning this to your JC+ advisor may result in this activity being deferred. See
Work Focussed Interviews
Do I have to attend WFIs while I appeal?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA appeal-
yingy1 wrote: got my letter today from the court to say appeal now stopped due to wrag decision-i have started new appeal as my gp is rereferring me for physio and fully supportive of my case-i have included the evidence previously sent to them when they changed their decision-also report from private physio stating until my pelvic disfunction is rectified work could make my condition worse-wish me luck and thank you for your site
Best of luck
I have just noticed that I missed one of your questions from your original post. as you now in the WRAG, you will be required to participate in Work Related Activity, this is still the case even though you have appealed, however, mentioning this to your JC+ advisor may result in this activity being deferred. See
Work Focussed Interviews
Do I have to attend WFIs while I appeal?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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