LOST ESA APPEAL TO BE PLACED IN SUPPORT GROUP

The Doctor at the Appeal said Reg 35 did not apply as I am not seeing a Psychiatrist nor am I taking anti-depressants nor am I living in total isolation! If either of those 3 applied apparently I would have been in the Support Group. I am profoundly deaf in one ear and severely deaf in the other. Constant infections mean that for most of the time I am unable to wear hearing aids so I can hear nothing. I cannot go out without my husband or my friend and do not go out to social gatherings. My GP supports my Appeal to the placed in the Support Group as I also have Fibromyalgia, Meniere's, Tinnitus, Balance problems etc all of which are made worse by stress. (Apparently the effects of these won't get me into the Support Group either!). The appeal made me so ill that my Doctor and I discussed antidepressants but we decided to try and work through it. I have also had anorexia and bulimia in the past and have lost a stone in weight. I was placed in the WRAG a year ago with a recommendation that I would be unable to work for a minimum of 2 years and as I have had 12 months ESA I am currently not entitled to any money. I do not know where to turn.

sara wrote: The Doctor at the Appeal said Reg 35 did not apply as I am not seeing a Psychiatrist nor am I taking anti-depressants nor am I living in total isolation! If either of those 3 applied apparently I would have been in the Support Group. I am profoundly deaf in one ear and severely deaf in the other. Constant infections mean that for most of the time I am unable to wear hearing aids so I can hear nothing. I cannot go out without my husband or my friend and do not go out to social gatherings. My GP supports my Appeal to the placed in the Support Group as I also have Fibromyalgia, Meniere's, Tinnitus, Balance problems etc all of which are made worse by stress. (Apparently the effects of these won't get me into the Support Group either!). The appeal made me so ill that my Doctor and I discussed antidepressants but we decided to try and work through it. I have also had anorexia and bulimia in the past and have lost a stone in weight. I was placed in the WRAG a year ago with a recommendation that I would be unable to work for a minimum of 2 years and as I have had 12 months ESA I am currently not entitled to any money. I do not know where to turn.

Hi s,

I am sorry to hear of this.

Were your only grounds for appeal based on ESA Reg 35, "Substantial Risk" ?

What was the date of the adverse WRAG decision that you were appealing, was it before 28/01/13, under the "old" 2011 Descriptors?

bro58

bro58 wrote:

sara wrote: The Doctor at the Appeal said Reg 35 did not apply as I am not seeing a Psychiatrist nor am I taking anti-depressants nor am I living in total isolation! If either of those 3 applied apparently I would have been in the Support Group. I am profoundly deaf in one ear and severely deaf in the other. Constant infections mean that for most of the time I am unable to wear hearing aids so I can hear nothing. I cannot go out without my husband or my friend and do not go out to social gatherings. My GP supports my Appeal to the placed in the Support Group as I also have Fibromyalgia, Meniere's, Tinnitus, Balance problems etc all of which are made worse by stress. (Apparently the effects of these won't get me into the Support Group either!). The appeal made me so ill that my Doctor and I discussed antidepressants but we decided to try and work through it. I have also had anorexia and bulimia in the past and have lost a stone in weight. I was placed in the WRAG a year ago with a recommendation that I would be unable to work for a minimum of 2 years and as I have had 12 months ESA I am currently not entitled to any money. I do not know where to turn.

Hi s,

I am sorry to hear of this.

Were your only grounds for appeal based on ESA Reg 35, "Substantial Risk" ?

What was the date of the adverse WRAG decision that you were appealing, was it before 28/01/13, under the "old" 2011 Descriptors?

bro58

Disregard the 2nd question above, as I see that the adverse WRAG award was over 12 months ago.

bro58

Hi s,

While you are contemplating your answer, you have the following options.

1. You might be entitled to Income Related (IR) ESA, you would have to pass the means test with respect to household income, savings, assets and capital, see :

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

To be financially assessed as above you would have to request an ESA 3 Form from the DWP. :

Sample ESA 3 Form

This : Benefits Calculator may also help.

If you are not entitled to IR ESA, then your CB ESA will cease, and you will continue to receive NI Credits only which go towards your State Pension.

2. If your health has deteriorated to such an extent,(and you can provide proof of this) that you now fulfill any of The SG Descriptors, then you could request a supersession/review of your current WRAG award.

If as a result of this supersession you are successfully placed into The SG, your CB ESA would be reinstated, and would remain in payment for as long as you stay in The SG.

Once you request a supersession as above, this would instigate the issuing of a new ESA50, and a fresh ESA WCA, which may or may not include a face to face assessment.

3. If you feel that The Tribunal have been "Errant in Law" in coming to their decision, then you may be able to appeal to The Upper Tier. (UT)

Legal Aid is still available to do this, but you would have to enlist the support of a qualified Welfare Rights Adviser.

The first thing that you would need to do is request a :

Statement of Reasons from The Tribunal within one month.

See also :

What is an Error of Law?

Appealing to The Upper Tier, DR UK Factsheet

&

Where to get advice?

You would not receive any payment whilst appealing to the UT.

bro58

Hi, Thank you for your reply. No, "mobilising more than 50 meters" (which at times I cannot do and definitely could not do repeatedly and "unable to convey a message to strangers" (due to anxiety, stress and unable to hear), "misinterprets verbal or no-verbal communication", "cannot clean own torso" and "avoiding all social contact as is possible". I'm afraid my husband and I have dealt with this on our own with help from the GP and Audiologist. We did go to CAB but I got so upset having to deal with a 'stranger' that we decided to do it alone. The Doctor at the Appeal was not sympathetic at all to my hearing loss and dismissed it straight away. I'm afraid I got terribly upset. Thanks again.

sara wrote: Hi, Thank you for your reply. No, "mobilising more than 50 meters" (which at times I cannot do and definitely could not do repeatedly and "unable to convey a message to strangers" (due to anxiety, stress and unable to hear), "misinterprets verbal or no-verbal communication", "cannot clean own torso" and "avoiding all social contact as is possible". I'm afraid my husband and I have dealt with this on our own with help from the GP and Audiologist. We did go to CAB but I got so upset having to deal with a 'stranger' that we decided to do it alone. The Doctor at the Appeal was not sympathetic at all to my hearing loss and dismissed it straight away. I'm afraid I got terribly upset. Thanks again.

Hi s,

Did you use our ESA Claims Guides when filling in your ESA50 and to help with your appeal ?

If you look at my previous post, you will see the 3 options that I have posed.

You could request a supersession and appeal to The UT. (if applicable)

If you were to do this, you would have to take into consideration that any ESA award as a result of the supersession would supercede any award made as a result of a UT appeal.

In other words any award as a result of a successful UT appeal would only run from the date of the adverse WRAG award, until the date of any award made as a result of your requested supersession.

Therefore, doing both, could work for you or against you.

bro58