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ESA Has ended
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10 years 10 months ago - 10 years 10 months ago #105539 by Trebor1
ESA Has ended was created by Trebor1
Hi everyone this is my first post I hope I have explained myself enough, I just wish I had found this brilliant site sooner
I sent my ESA50 in on the12/02/2012 and I was supposed to go for a medical but on the 26/03/2012 the day before my medical I had a letter advising me that I did not need to go for the medical after they had reviewed the medical evidence.
And then on the 23/04/2012 I received a letter saying your benefit is changing to employment and support allowance we will pay you from the 16/05/2012 which will replace my incapacity benefit.
On the 15/05/2013 I received a letter saying my contribution based employment and support allowance has ended.
As I was suffering with depression at the time I filled out the ESA50 I made a complete mess of it and did not understand what was going on so I decided to appeal I sent in the GL24 appeal form on the 31/05/2013 with a medical report from my doctor explaining about my depression and my other medical conditions.
I received a reply on the 08/06/2013 saying there is an absolute time limit of 13 months in which you are able to appeal you have exceeded this. The appeal cannot therefore be accepted.
But they did say that I can apply for a supersession to have my case looked at again.
What I need to know is what is a supersession and how do I go about it.
I have been to see my doctor this morning and he will do me a letter to send in but it will take about a week because he has a backlog of reports for patients in the same situation as myself but has stated that there is absolutely no way am I fit for any work.
Rob
I sent my ESA50 in on the12/02/2012 and I was supposed to go for a medical but on the 26/03/2012 the day before my medical I had a letter advising me that I did not need to go for the medical after they had reviewed the medical evidence.
And then on the 23/04/2012 I received a letter saying your benefit is changing to employment and support allowance we will pay you from the 16/05/2012 which will replace my incapacity benefit.
On the 15/05/2013 I received a letter saying my contribution based employment and support allowance has ended.
As I was suffering with depression at the time I filled out the ESA50 I made a complete mess of it and did not understand what was going on so I decided to appeal I sent in the GL24 appeal form on the 31/05/2013 with a medical report from my doctor explaining about my depression and my other medical conditions.
I received a reply on the 08/06/2013 saying there is an absolute time limit of 13 months in which you are able to appeal you have exceeded this. The appeal cannot therefore be accepted.
But they did say that I can apply for a supersession to have my case looked at again.
What I need to know is what is a supersession and how do I go about it.
I have been to see my doctor this morning and he will do me a letter to send in but it will take about a week because he has a backlog of reports for patients in the same situation as myself but has stated that there is absolutely no way am I fit for any work.
Rob
Last edit: 10 years 10 months ago by Gordon.
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10 years 10 months ago - 10 years 10 months ago #105546 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Has ended
Trebor
A Supersession is where the claimant initiates a re-assessment on the basis that their condition(s) has changed, in this case you would be saying that it has changed for the worse and that you now believe that you meet the criteria for the Support Group.
You will need to show that there has been a decline in your health or you have a new condition, the change must have occurred since your previous assessment and you will need to provide medical evidence to support this.
As a new Decision will be made, you will be assessed under the current ESA Descriptors and Regulations, an appeal would have used those in force at the time of the Decision you appealed. Both the ESA Descriptors and Regulations were updated in January, so you will need to review our latest claim guides to understand the changes.
www.benefitsandwork.co.uk/help-for-claimants/esa
Whilst the Supersession is processed, you will remain ineligible for payments. Payments will only be re-instated if you are found to meet the Support Group criteria. You will not receive any back payments if successful.
As always, where a new Decision on a claim is being made.
Is there any risk to challenging a decision?
Gordon
A Supersession is where the claimant initiates a re-assessment on the basis that their condition(s) has changed, in this case you would be saying that it has changed for the worse and that you now believe that you meet the criteria for the Support Group.
You will need to show that there has been a decline in your health or you have a new condition, the change must have occurred since your previous assessment and you will need to provide medical evidence to support this.
As a new Decision will be made, you will be assessed under the current ESA Descriptors and Regulations, an appeal would have used those in force at the time of the Decision you appealed. Both the ESA Descriptors and Regulations were updated in January, so you will need to review our latest claim guides to understand the changes.
www.benefitsandwork.co.uk/help-for-claimants/esa
Whilst the Supersession is processed, you will remain ineligible for payments. Payments will only be re-instated if you are found to meet the Support Group criteria. You will not receive any back payments if successful.
As always, where a new Decision on a claim is being made.
Is there any risk to challenging a decision?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 10 months ago by Gordon.
The following user(s) said Thank You: Trebor1
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10 years 10 months ago - 10 years 10 months ago #105571 by Trebor1
Replied by Trebor1 on topic ESA Has ended
Gordon thanks for the response, having made a total mess of filling out the ESA50 should I get help filling out another one and send it in, I did mention about my depression and also suffer with agoraphobia and have anxiety attacks when I go out, but I did not use my problems in the right places to get points I have also recently been diagnosed with diabetes Type II.
It does say on the letter I received you can apply for a supersession to have your case looked at again if you feel that your condition has deteriorated since the date of your last medical examination. The last time I had a medical was 15 years ago when I applied for DLA and received the highest for mobility for life.
Rob
It does say on the letter I received you can apply for a supersession to have your case looked at again if you feel that your condition has deteriorated since the date of your last medical examination. The last time I had a medical was 15 years ago when I applied for DLA and received the highest for mobility for life.
Rob
Last edit: 10 years 10 months ago by Gordon.
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10 years 10 months ago - 10 years 10 months ago #105577 by Gordon
It is always worth getting advice from an expert, but make sure they know what they are talking about, when I visited the CAB I saw two advisors who only had a day to day knowledge of benefits before I actually got a one hour appointment with someone who actually knew how the system works.
If you did not have a face to face assessment then there would still have been a medical report produced by ATOS from your ESA50 and any evidence attached, it will be this that is being referred to in the letter.
Whilst your new diagnosis of Diabetes may be important, remember that it is not the condition that is being looked at, but it's effect on your daily living and specifically in connection with the ESA Descriptors, so if it is under control and you have no side effects, it will not in itself be sufficient for a Supersession.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Has ended
Trebor wrote: Gordon thanks for the response, having made a total mess of filling out the ESA50 should I get help filling out another one and send it in, I did mention about my depression and also suffer with agoraphobia and have anxiety attacks when I go out, but I did not use my problems in the right places to get points I have also recently been diagnosed with diabetes Type II.
It does say on the letter I received you can apply for a supersession to have your case looked at again if you feel that your condition has deteriorated since the date of your last medical examination. The last time I had a medical was 15 years ago when I applied for DLA and received the highest for mobility for life.
Rob
It is always worth getting advice from an expert, but make sure they know what they are talking about, when I visited the CAB I saw two advisors who only had a day to day knowledge of benefits before I actually got a one hour appointment with someone who actually knew how the system works.
If you did not have a face to face assessment then there would still have been a medical report produced by ATOS from your ESA50 and any evidence attached, it will be this that is being referred to in the letter.
Whilst your new diagnosis of Diabetes may be important, remember that it is not the condition that is being looked at, but it's effect on your daily living and specifically in connection with the ESA Descriptors, so if it is under control and you have no side effects, it will not in itself be sufficient for a Supersession.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 10 months ago by Gordon.
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10 years 10 months ago #105581 by Trebor1
Replied by Trebor1 on topic ESA Has ended
Gordon Thanks again for your advice
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10 years 9 months ago - 10 years 9 months ago #107535 by Trebor1
Replied by Trebor1 on topic ESA Has ended
I did appeal for the supersession and sent in a new ESA 50 filled out properly this time and sent in a doctor's report about my depression my hip and knees also my back problems and how tired I was because of my diabetes, I sent in a SAR and when I hadn't heard anything after four weeks I telephone them only to be told they haven't received it but they did agree if I went to my local jobcentre office with ID they would fax the information through to me, I was told they didn't have any medical reports the only information they had was my original ESA 50, I have had a letter from them dated the 5th of July saying they had not changed their original decision, so is that it or can I appeal again if so what do I appeal against is it the supersession or do I just give up.
Last edit: 10 years 9 months ago by Gordon.
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