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ESA appeal and request for information

  • msmarple
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12 years 1 month ago - 12 years 1 month ago #104429 by msmarple
ESA appeal and request for information was created by msmarple
I am appealing against my decision to be placed in the WRAG Group. I am currently just being telephone interviewed. My personal advisor says that she has to make me do work related activity otherwise I will lose my benefits so she advised me to appeal. I have used the letters provided by this website and have asked them to elaborate on how they came to their decision. They have said in the appeal documentation that I scored at least 15 points. However, after 3 attempts to get further information, all in writing. I received another copy of my ESA85A form, but no scoring sheet. However, on this was just handwriting stating - As this claim was decided on scrutiny then no points system was needed. A med3 is the note provided by your doctor and the contents along with information provided by yourself was used in making the decision.

I sent a letter from my consultant - he stated that I was not fit for work and listed all the problems related to my conditions, I have 4 autoimmune conditions - severe fatigue, cognitive dysfunction, etc etc etc, but on reconsideration they did not look at this letter. My consultant said that there is no treatment and therefore he does not know when I will, if ever, be fit for work. On the ESA85A form the nurse says that I will not be fit for work in the next 2 years and that longer term improvement is unlikely - I have been like this for 5 years now. I received no medical. Is there anything I can do as the med3 form was filled in 5 years ago when I claimed incapacity benefit and since then I have tried all treatments offer to me without anything working. My consultant has stated this but they will not listen. They have just sent me this handwritten information with my returned letter and the envelope I sent it in - they have not even said who has written this. I am at a loss at what to do. Basically because I'm not pregnant and because I will not act in an aggressive manner to anyone I am fit for work related activity.
Last edit: 12 years 1 month ago by Gordon.

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12 years 1 month ago #104445 by Gordon
Replied by Gordon on topic ESA appeal and request for information
msmarple

To be placed in the Support Group you need to meet one or more of the SG descriptors

Qualifying for the Support Group

Your not being Fit for Work is not a reason for you to be placed in the SG, so your Consultant's letter will not be of assistance in an appeal.

Unfortunately the documentation you have received is inadequate, but there is nothing you can do about this, other than to work around it, so with regard your appeal, you need to concentrate on why you meet the SG criteria as ultimately this will be the only way that you will win an appeal.

If you have not already done so, please have a look at our ESA Appeal guide

www.benefitsandwork.co.uk/help-for-claimants/esa

you should also have a look at the following FAQs

Is there any risk to challenging a decision?

How long do I have to appeal?

How to submit an appeal

ESA medical – what forms to ask for?

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

MOJ Video of ESA Appeals Process and Tribunal

12 Month Limit for ESA(CB)

Do I have to attend WFIs while I appeal?

If you have more questions, please reply to this post.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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