Still on ESA, failed medical again

rossiwatson wrote: Hi, I failed my last medical and still remain on ESA wrag, but no money. [removed]. I told him I had hearing problems and asked him to repeat several things, and yet he said I heard everything! I walked at a stray pace? I used a walking stick, but that was more for show?
I really have a problem with depression, and he stated that he gave me a mental exam and that I do not ruminate, have odd thoughts etc??? I am still seeing a counsellor for those precise things?
I , despite asking, did not receive my medical report until about 6/7 wks after and still have not received the 'yellow slip'? I have no idea what I failed on, or even if I got any points at all?
I have lots of problems with my spine, Osteoarthritis, badly degenerated discs, inflamed facet joints, spasms and pins and needles and numbness. This is all progressive and yet he says I will be fit for work in 3 months? HELP!

As this appears to be a re-assessment of your claim, the Decision is appealable, however, as you have already spent 365 days in the WRAG and do not appear to be eligible for ESA(IR), you will not receive payments while you wait for a hearing.

In regard to you meeting the Support Group descriptors, the guidance given to ATOS for the problems you mention is as follows.

Hearing - the claimant would need to have problems hearing a shout at one metre

Walking - the test is your mobility which includes your propelling a manual wheelchair over an equivalent distance, so even if you show you have problems with walking, you may still not meet the requirements for the SG if it is reasonable for you to use a wheelchair.

Depression - ESA does not test a claimants level of depression but rather the effects that depression may have on their daily activities.

Please have a look at our ESA Claim guides for a more detailed explanation.

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

In regard an appeal have a look at the following

How long do I have to appeal?

How to submit an appeal

ESA medical – what forms to ask for?

Qualifying for the Support Group

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

MOJ Video of ESA Appeals Process and Tribunal

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

Gordon

rossiwatson wrote: Sorry, can I add that I had a Tribunal on the same day as I had already appealed to be placed in support group. They failed me on not satisfying descriptor 3 and said that my medical would supersede their decision? Why then did I still have to go to the Tribunal?

Please try and keep your posts in one topic, it avoids confusion

The appeal was looking at your condition as it was on the date of the Decision that you appealed, I would assume that this was probably a year ago.

The assessment was looking at your condition as it was on that day.

As the assessment results in a new Decision on your claim, it would have limited any Decision made by the Tribunal but both are still separate Decisions.

Gordon