- Posts: 51287
× Members
Appealing esa
- keanda
- Topic Author
12 years 4 weeks ago - 12 years 4 weeks ago #102089 by keanda
Appealing esa was created by keanda
I was placed in the work related activity group and want to appeal. Need advice on a few things please:-
1) I need to send off the subject access request letter but who do I send it to? I am assuming it should go to the jobcentre plus centre where the letter was sent from or should it be sent to ATOS.
2) I phoned the Social Work and they have given me an appoinment for next Monday to go over my form and help me with the appeal. I did ask if I could fill in the GL24 myself and send it off, she advised that it would be better to take all the relevant information up so they could open a file and represent me at an appeal if required.
3) After posting the ESA form I subsequently have had changes made to medication by the pain clinic (increasing doses for 2 different tablets) I have had to replace my Tramadol medication with MST which is morphine medication and that dose is currently being increased until I reach a level which makes the pain more manageable. I have also started seeing a physiotherapist. Obviously none of this information was seen by the decision maker, so I assume I should send all the additional information along with the appeal GL24
Lastly as the form was sent out during the christmas/new year time I ended up only having a few weeks to complete it. I didnt have enough time to get a letter from the GP so I sent off the section he filled out for the DLA a year ago. I saw my GP today and explained that I was being put into the work related activity group instead of the support group and asked if he would write me a letter of support. Obviously I don't know exactly why I wasn't put into the Support Group until I get the information back. There is no question about how limited my mobility is (couldn't even manage 20meters let alone 50) but I do have a wheelchair for outdoor use and I think they have taken this into account (even though I am unable to self propel and have given reasons in detail explaining why).
I have loads of side effects and one of my medications is warfarin. I have had a few bad falls and there is risk of internal bleeding, increased brusing etc but again I am assuming they haven't taken this into account.
The GP is happy to do the letter for me but wanted to know what type of information I needed on the form? I would appreciate any advice on what type of information is appropriate on the letter, I am tempted to ask him to wait until I see the Welfare worker next Monday, but by then it would take another week to get the support letter and that would mean missing the months deadline.
Thanks
1) I need to send off the subject access request letter but who do I send it to? I am assuming it should go to the jobcentre plus centre where the letter was sent from or should it be sent to ATOS.
2) I phoned the Social Work and they have given me an appoinment for next Monday to go over my form and help me with the appeal. I did ask if I could fill in the GL24 myself and send it off, she advised that it would be better to take all the relevant information up so they could open a file and represent me at an appeal if required.
3) After posting the ESA form I subsequently have had changes made to medication by the pain clinic (increasing doses for 2 different tablets) I have had to replace my Tramadol medication with MST which is morphine medication and that dose is currently being increased until I reach a level which makes the pain more manageable. I have also started seeing a physiotherapist. Obviously none of this information was seen by the decision maker, so I assume I should send all the additional information along with the appeal GL24
Lastly as the form was sent out during the christmas/new year time I ended up only having a few weeks to complete it. I didnt have enough time to get a letter from the GP so I sent off the section he filled out for the DLA a year ago. I saw my GP today and explained that I was being put into the work related activity group instead of the support group and asked if he would write me a letter of support. Obviously I don't know exactly why I wasn't put into the Support Group until I get the information back. There is no question about how limited my mobility is (couldn't even manage 20meters let alone 50) but I do have a wheelchair for outdoor use and I think they have taken this into account (even though I am unable to self propel and have given reasons in detail explaining why).
I have loads of side effects and one of my medications is warfarin. I have had a few bad falls and there is risk of internal bleeding, increased brusing etc but again I am assuming they haven't taken this into account.
The GP is happy to do the letter for me but wanted to know what type of information I needed on the form? I would appreciate any advice on what type of information is appropriate on the letter, I am tempted to ask him to wait until I see the Welfare worker next Monday, but by then it would take another week to get the support letter and that would mean missing the months deadline.
Thanks
Last edit: 12 years 4 weeks ago by Gordon.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
12 years 4 weeks ago #102099 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Appealing esa
Keanda
As you have access to an advisor, I am going to be restrained in the advice I provide today.
1. Send your SAR to the DWP office dealing with your claim.
2. Providing you are satisfied with the advice this person provides you with, then this is definitely the way to go.
3. Speak to your advisor, they may have a particular approach to appeals that they would want you to follow.
4. If you are appealing for the Support Group then anything your GP writes must address the SG descriptors, see
Qualifying for the Support Group
Gordon
As you have access to an advisor, I am going to be restrained in the advice I provide today.
1. Send your SAR to the DWP office dealing with your claim.
2. Providing you are satisfied with the advice this person provides you with, then this is definitely the way to go.
3. Speak to your advisor, they may have a particular approach to appeals that they would want you to follow.
4. If you are appealing for the Support Group then anything your GP writes must address the SG descriptors, see
Qualifying for the Support Group
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- bro58
12 years 4 weeks ago - 12 years 4 weeks ago #102101 by bro58
Replied by bro58 on topic Appealing esa
Hi K,
With respect to gaining support from your G.P., is is important that the G.P. mentions that you are unfit to take part in Work Related Activity, simply stating that you are unfit for work will only give access to The WRAG.
Have a look at Gordon's post from earlier on :
www.benefitsandwork.co.uk/forum?view=top...d=10&id=97590#102075
bro58
With respect to gaining support from your G.P., is is important that the G.P. mentions that you are unfit to take part in Work Related Activity, simply stating that you are unfit for work will only give access to The WRAG.
Have a look at Gordon's post from earlier on :
www.benefitsandwork.co.uk/forum?view=top...d=10&id=97590#102075
bro58
Last edit: 12 years 4 weeks ago by bro58.
Please Log in or Create an account to join the conversation.
- keanda
- Topic Author
12 years 4 weeks ago - 12 years 4 weeks ago #102142 by keanda
Replied by keanda on topic Appealing esa
Thank you both for your advice. My GP appointment was made 2 weeks ago and was a follow up to the change in medication, so it didn't leave much time to go into ESA. GP said it would take about a week before I would get a letter but I really don't think I was too clear about what to ask for myself or if I explained the difference between work related activity and the support group.
I will make sure to ask him to mention I am unfit for WRA instead of unfit for work. Should I ask him to go into detail of my condition and medication and then give him the support group descriptors. My mobility is very poor and there is absolutely no question about me being unable to walk 50m without having to stop and rest and experiencing severe pain and exhaustion but I have a wheelchair which was prescribed by the GP. I did explain on the esa form that I am unable to self propel again because of pain and exhaustion, cant sit upright for any length of time and need help transferring from one seat to another. I am assuming that this is where they have decided that I should be placed in the WRAG rather than support group, I won't know though until I get the information back from the DWP though.
I actually completed the form using the B&W site but I was thinking that I would need someone to help if it goes to a tribunal which is why I contacted the Social work to get advice.
I've had a look at the guides again and the support descriptors to be perfectly honest I am completely drained and its a thought to go through an appeal.
thanks again
I will make sure to ask him to mention I am unfit for WRA instead of unfit for work. Should I ask him to go into detail of my condition and medication and then give him the support group descriptors. My mobility is very poor and there is absolutely no question about me being unable to walk 50m without having to stop and rest and experiencing severe pain and exhaustion but I have a wheelchair which was prescribed by the GP. I did explain on the esa form that I am unable to self propel again because of pain and exhaustion, cant sit upright for any length of time and need help transferring from one seat to another. I am assuming that this is where they have decided that I should be placed in the WRAG rather than support group, I won't know though until I get the information back from the DWP though.
I actually completed the form using the B&W site but I was thinking that I would need someone to help if it goes to a tribunal which is why I contacted the Social work to get advice.
I've had a look at the guides again and the support descriptors to be perfectly honest I am completely drained and its a thought to go through an appeal.
thanks again
Last edit: 12 years 4 weeks ago by Gordon.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51287
12 years 4 weeks ago - 12 years 4 weeks ago #102147 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Appealing esa
keanda
Have a word with your GP as they may have some thoughts on the matter, but be careful of leading them in any report or letter they write as this can act against you.
One of the things you can do is provide them with a list of the SG descriptors you believe are relevant and ask them to comment on how you condition(s) meet these.
Your advisor may also have some thoughts on how to present this to your GP.
Gordon
Have a word with your GP as they may have some thoughts on the matter, but be careful of leading them in any report or letter they write as this can act against you.
One of the things you can do is provide them with a list of the SG descriptors you believe are relevant and ask them to comment on how you condition(s) meet these.
Your advisor may also have some thoughts on how to present this to your GP.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 4 weeks ago by Gordon.
Please Log in or Create an account to join the conversation.
- keanda
- Topic Author
12 years 3 weeks ago - 12 years 3 weeks ago #102621 by keanda
Replied by keanda on topic Appealing esa
Hi
I initially posted last week that I had been put into the WRAG and I disagree with the decision. I sent off the letter requesting all the information that they have based their decision on but understand that this could take while to come back.
My GP has given me a very supportive letter explaining my condition and where I meet the support group criteria. He has also stated that due to the severity of my pain my medication has been increased by the pain clinic and I have also started on MST which is a morphine based medication.
I continue to attend a pain clinic and on their advice I am now getting physiotherapy for another condition but it is causing additional problems with my current condition but obviously that hasn't been put onto my original application
Anyway as per my original post I saw someone at the Social Work to discuss an appeal against the decision to put me into the WRAG instead of the support group. I found him to be quite dismissive and almost trying to put me off appealing and he hadn't even looked at my information.
Told me there would be absolutely no point in sending off the doctors letter or mentioning the changes in medication. He said that the GP must have sent them information already and that they would have based their decision on that.
I told him that I had requested the SAR and that once I had received that I would have a better idea of why they hadn't put me in the support group. Told me I might be better off just asking for a reconsideration rather than appealing.
I explained that I was under the impression that if someone appeals they automatically look at again before deciding if it goes to appeal. Anyway he said he didn't use the GL24 forms but sent off letters.
He then wanted to know the reason I would be unable to work or go to WFI which I understand he needs, but my mum asked him what the difference was between the support group and the wrag (she is lucky to be naive about the benefit system as she has very good health) he said the support group was meant to be for severely ill people its meant to be for people who have severe health problems such as cancer, I understand that it is for people who are very ill but its the way he said it.
Anyway in addition to that in the GP letter he has put down one of my medication doses as being 300mg x 3 a day instead of 900mg three times per day, I had also left the letter from the pain clinic at home. I said that I was seeing the GP on Wednesday and could get the medication dose changed and that I could get the other letter to him but he just waived it off and said it didnt matter.
To be honest I know he wasnt a welfare benefits officer (I would only get to see him prior to the appeal) but I really don't feel comfortable about his attitude. I realise that you can't give advice about a specific case but is this the norm for advice agencies
I initially posted last week that I had been put into the WRAG and I disagree with the decision. I sent off the letter requesting all the information that they have based their decision on but understand that this could take while to come back.
My GP has given me a very supportive letter explaining my condition and where I meet the support group criteria. He has also stated that due to the severity of my pain my medication has been increased by the pain clinic and I have also started on MST which is a morphine based medication.
I continue to attend a pain clinic and on their advice I am now getting physiotherapy for another condition but it is causing additional problems with my current condition but obviously that hasn't been put onto my original application
Anyway as per my original post I saw someone at the Social Work to discuss an appeal against the decision to put me into the WRAG instead of the support group. I found him to be quite dismissive and almost trying to put me off appealing and he hadn't even looked at my information.
Told me there would be absolutely no point in sending off the doctors letter or mentioning the changes in medication. He said that the GP must have sent them information already and that they would have based their decision on that.
I told him that I had requested the SAR and that once I had received that I would have a better idea of why they hadn't put me in the support group. Told me I might be better off just asking for a reconsideration rather than appealing.
I explained that I was under the impression that if someone appeals they automatically look at again before deciding if it goes to appeal. Anyway he said he didn't use the GL24 forms but sent off letters.
He then wanted to know the reason I would be unable to work or go to WFI which I understand he needs, but my mum asked him what the difference was between the support group and the wrag (she is lucky to be naive about the benefit system as she has very good health) he said the support group was meant to be for severely ill people its meant to be for people who have severe health problems such as cancer, I understand that it is for people who are very ill but its the way he said it.
Anyway in addition to that in the GP letter he has put down one of my medication doses as being 300mg x 3 a day instead of 900mg three times per day, I had also left the letter from the pain clinic at home. I said that I was seeing the GP on Wednesday and could get the medication dose changed and that I could get the other letter to him but he just waived it off and said it didnt matter.
To be honest I know he wasnt a welfare benefits officer (I would only get to see him prior to the appeal) but I really don't feel comfortable about his attitude. I realise that you can't give advice about a specific case but is this the norm for advice agencies
Last edit: 12 years 3 weeks ago by bro58.
Please Log in or Create an account to join the conversation.
Moderators: bro58, Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David