ESA 0points - what happens now?

I said I would be back

I am hoping but very doubtful, that I will receive the written information telling me I am fit to work before I go away on Saturday, but assuming I won't can I register for an appeal without having received the paperwork?
What does registering for an appeal involve - will I have to fill in another 20 pages telling them how my life is adversely affected then they don't listen again?

Thanks all

Hi Judith,

You can submit a very simple appeal, just saying that you do not believe the decision maker has taken into account the severity of your impairments. You can do this by letter - in which case you must make it very clear that you are submitting an appeal, rather than just asking for a reconsideration or voising your disappointment - or by filling in a GL24 form which is available online.



How to submit an appeal

However, depending on how long you will be going away for, you could still have plenty of time to do this when you get back. Don't forget that you have 1 month from the date on the decision letter, so the longer it takes for that to be sent, the longer you have to appeal.

Hi Judith and others who are concerned about appealing.

As promised yesterday, I will try to offer you some hope.

First though, I must emphasise that I am only working on my own experience, which is limited to my own situation. I do not profess to be an expert on the IB to ESA system, and the moderators and guides at B&W can offer more sound advice.

I was in a similar situation to Judith a few months ago, in that I was transferred to ESA from IB which I had been on for 9 years. I have several disabling conditions, but was placed in WRAG. Not as devastating as no points, but as it was CB in a years time I would lose all payments.

I believe part of the problem with my not getting in the support group was due to having ticked the 'it varies' box on the ESA form. Even though I also submitted a lengthy explanation of my disabling conditions, I did not emphasise their impact. I had not discovered B&W until after the adverse decision. I had also been misinformed by ATOS in the initial phone contact, that I did not need to submit evidence as this would be sought by them, and that I could explain more at the medical. I did not have a medical.

My initial reaction was panic. I sense that, too, from your posts Judith. I sought legal advice, which was expensive, and useless. I could not find any free local welfare advice. However, when I calmed down I realised that I could get all the assistance I needed at B&W.

I did not know where I was going to get evidence I needed. Most of my disabling conditions are long term, and I have a new GP, who couldn't back me up, as he only knew of my conditions, not the effect they had. What Idid was access my GP records, spent an afternoon accompanied by husband, at the surgery trawling through paper and electronic records. Although some of the stuff I pulled out was ancient, there were some old reports for DLA and IB that confirmed I had degenerative conditions. As these were over 10 years old, and showed I met the mobilising descriptor then, I argued that I met the descriptor now. Following, carefully the B&W guides, I used the evidence cross referenced with the descriptors to argue my case. A letter from my husband, who provides care for me, describing the effects my conditions have on both of us also helped. I was placed in SG at reconsideration stage.

I do hope you can find the impetus to begin the appeal process. I know it is tedious, but surely if you have several disabling conditions you will be able to argue your case. Even a move to WRAG would improve your financial position.

Hope you enjoy your holiday Judith. A bit of breathing space could inspire you. I wish you luck.


To moderators

I hope this post is acceptable. I do not intend to come across as an expert, or start a lengthy discussion here, just offer support and encouragement to someone I can identify with.

Best wishes
PC

Judith this is a copy and paste from my reply to you from my thread so you may read the identical words on my thread o.k.

Hi Judith
To start with, DO NOT GIVE UP, many here have won at appeal and I am one of them !!!

I am assuming that you are faced with making an appeal ? well its not a difficult as it may seem in fact its a reasonable easy matter.

I have read some of your recent posts on here, as has been comented "0 points" is NOT uncommon, yes hard to believe when you had been IB for that period of time, but this is the reality of what we face.

So, there is a choice to make here, either go away and give up OR dig in and put your tin hat on !!!
I chose the latter, as its in my nature to not let it go.

What I did was this, filled in the appeal form GL24, did not put a lot in it except to state clearly that I believed that I should be in the SG, I gave clear reasons why this should be, gave the descriptors that I believed were relevent to my conditions & said that I did not agree with the decision made by the Decision Maker.

This may sound blunt and a bit sharp BUT at this point you will be appealing so should be clear what your appealing about (thats my view) prior to this I had obtained consultants/doctors letters from my Medical Records held at my GP's, you need to make a request to view these personal medical records and read carefully & slowly through them, anything thats relevent to your condition(s) ask for them to be photo copied, they will often charge you for this, it cost me about £20 but in the end was worth it.

I then put the letters in date order, then on a A4 sheet I made a list of what the letters were about and the relevence to my conditions giving a short explanation for each in order to assist the DM when he/she looked at the letters, I felt giving some assistance would help to lead the DM through the verious letters in order to give a medical path from when I first had problems up to present day.

I answer to your question, NO I did not have to go for an interview as when your appeal form arrives at the DWP a reconsideration will occur, my origional decision was overturned and I was placed in the SG, if at the reconsideration stage the DWP do not change your decision then it will be sent to the Tribunal.

So, get all the paper evidence you can and send it with your GL24 appeal form, don't forget only send copys of your letters/documents, don't forget you have 28 days from the date on your decision letter to get the appeal form in.

I am sure the exelent Mods here will give better advice than me, this is only my personal experience.

PC AND MYSELF HAVE ALMOST WRITTEN THE SAME ANSWER TO YOUR QUESTIONS, SO HOPEFULLY THIS SHOULD GIVE YOU SOME ENCOURAGEMENT, WE HOPE SO, as we both had our decisions overturned at the Appeal stage, hope you had a good break we all need it.

Hi all Mods, like PC hope this reply is o.k. to post its intended to give Judith some encouragement in starting her appeal, as PC said we are only indicating our personal experiences.

Regards, Derek

Hello Judith,
I too got from IB to 0 points after having been on IB for over 20 years due to failed back surgery plus carpel tunnel probs as well as anxiety/depression, this all happed May 2012 so i have put in an appeal, i must of been turned down a change of this decision at reconsideration stage i was'nt told anything but a couple of weeks ago i had a letter telling me my case was going to tribunal, so i'm in the same boat as you apart from a couple of points i won't be 60 till later this year and also i live alone and the only income i get is £71 per week assessment rate of ESA because i appealed a fit for work decision last year, maybe if you appeal and it all takes a long time you may have reached pensionable age or very close to it by the time you have to attend the tribunal. All i want to say is that you are not alone by any means and what have you got to loose by appealing a fit for work decision.

All the best

Chrissy V

Hello Everyone

Here I am back from my lovely holiday in Tenerife, back to the DWP brown envelope and its robotic contents. The date on my letter is 25th March but as I was away I do not know when it arrived but I did not see it until 3rd April. Last night I read several postings on here trying to get a grip on what I have to do next.

This afternoon I have spent over 2 hours checking my DWP "reasons" and lists of 0 points against your information on how to fill in the form. Unfortunately I did not find W & B prior to sending my form off in January but feel that I did give enough information. On checking the "reasons given etc." I have found 5 sections where I consider I should get 6 points each and there are also queries on some other sections. There are 2/3 sections where DWPs comments and Nil points awarded
totally contradict what I put on my form. I have also noticed that they have made assumptions as to my condition and not given what I had written any consideration at all. They also refer to me like I am a thing and not a human being!

What I need to know now is what do I need to put on the Appeal Form? I do not have any medical letters/reports to back my conditions. Do I just register the form saying that I am appealing against their decision or do I have to write down everything I think they have got wrong - is there any documents on this site to help me?

Many thanks in advance, I will need much help in order to register this appeal. Judith

In my DWP information it gives various options open to me now but I thought I read somewhere that I should not ask for a reconsideration I must appeal - can you confirm this for me please?