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esa 7 years 7 months ago #106964

  • maz
help please, been on incapacity benefit for long time then medical for esa got put into working section for help carnt remember the title, this is because I can remember things sometimes and not other times think its because Iv had 3 T.I.As think the last one was more of a stroke as it took a year to get over I have other conditions and when I took your test recently it showed that because I had a Bladder problem that I was eligible for the support group I know through reading your forum that the other answers I truthfully gave counteracted the validation for support group.

In the first consultation in Sept 12 at the Job Centre (not on the actual course) just to get to know me the interviewer said she wouldn't want to see me at the working course as I wasn't well enough to
attend and I wouldn't hear from her until the end of my employment and benefit allowance had ended on 14th sept 13. I did get a letter in June this year saying that I didn't need to attend an interview but could I ring them for a telephone interview which I did and It was really only to say are you just the same and goodbye for your benefit will stop on 14th Sept 13.I didn't realise that I could appeal and at no time did they advise me, I find that when I read information especially when it is contradictory that I don't absorb it. I stupidly thought that if I wasn't fit for the working side of the benefit that I would automatically be put in the support group by somebody. I have only just applied for an appeal form and received it ,I know if I don't use the right words to relay my conditions and why I haven't appealed before now I will lose, but when you are managing just living you carnt take onboard all the information and details its tireing makes you more ill and before the medical last year my BP wouldn't come down and had to be given an extra medication making 3 now for High Blood Pressure which was the cause of the T.I.As.My GP last year said he couldnt help except if it goes to an appeal will they listen to him. Can you help please Maz

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Last edit: by . Reason: Tick.

esa 7 years 7 months ago #106966

Maz

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

As you were on IB you will have been transferred to Contribution Based ESA, payment of which is limited to 365 days while you remain in the Work Related Activity Group (WRAG), however, at the end of the year you may also be eligible for Income Related ESA which is dependant on your household income, assets and savings, and any hours that a partner works. See

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

If you believe that you met the Support Group criteria when you were originally assessed, you can make a late appeal, have a look at the following for more information.

Our ESA Appeal and Claim guides

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

and the following FAQs

Is there any risk to challenging a decision?

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

12 Month Limit for ESA(CB)

Do I have to attend WFIs while I appeal?

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

Gordon

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

esa 7 years 7 months ago #106970

  • maz
hi Gordon
Thank you for you reply , I am in great pain just sitting at this computer due to a long standing disc problem and carnt read through all that you have highlighted for me to read at the moment this is the problem if I could sit at the computer for this length of time then I could earn a living and also to understand everything is too much. I don't know what to put on my appeal form, I wouldn't qualify for Income based esa as my husband works, but I should not lose sick pay because my husband is working I haven't just got well cos my benefit is coming to an end I wish I could have grasped the appeal system before now,Although I have worked all my life until I became ill my brain doesn't function well with all the information required to help myself, were can I find a welfare rights person to help me, but I have read on your forum that you were more help that a welfare rights person. Would it help if I mentioned what has happened at the job center and that I have never followed the programme I was supposed to which was their decision .

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Last edit: by Gordon.

esa 7 years 7 months ago #106974

Maz

I understand that I have posted a lot of information, but it is all relevant to your situation, however, you can break it down and possibly your husband can help with this, start with the ESA Appeal guide, as this will explain how to lodge an appeal, until you do this nothing else is relevant.

I am afraid the fact that you have not been required to perform Work Related Activity will count for very little in regard to your being placed in the Support Group, the JC+ advisors have no medical training and often seem to have no understanding of the Support Group criteria.

The following will give you some idea where you can get an advisor, but you should be aware that funding has been significantly reduced in this area, so you may struggle to find someone.

Where to get advice?

Gordon

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Last edit: by Gordon.

esa 7 years 7 months ago #107088

  • maz
hi Gordon, Thank you for your reply been trying to get to grips with all the information
and today have read a lot of replies on the Forum and this has given me an insight to what is going on
I think we are all being treated like second class citizens and we don't always have the strength or energy to fight anymore I have gained confidence reading other peoples fight and determination, I have an idea of what Im going to put on my paper appeal I have an appointment with my Doctor on Friday who last year said he would not be able to help me with the first medical I had for the esa which finishes in Sept but that he would help me with an appeal. I wish I knew what he meant then I certainly do now.I didn't know I could appeal at the beginning of the ESA I have only realised that I should have been in the support group all along but was too ill last year to read all the information and couldn't absorb it then anyway.I DONT HOLD OUT MUCH HOPE because they are answers and questions they are not really interested how we feel or how we get around and our individual needs. Its pure victimization on the sick.Anyone is invited to try to help with any advise for me, Its still all a bit foggy but I will try my best to appeal. I will dig out all the consultants letters and photo copy them as well.

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Last edit: by Gordon.

esa 7 years 7 months ago #107091

Maz

If the DWP do not revise their Decision, then your case will be heard by the Tribunal Service, they are independent from the DWP and will look at all of your evidence from scratch, providing you can show that you meet the criteria for the Support Group there is every reason to expect you will be successful.

Gordon

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Last edit: by Gordon.
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