ESA appeal - help needed

Can somebody please help?
My ESA benefits have been stopped as I scored zero points at my medical. I am 59 and a new claimant, contributions based I think and have been off work for a year with stress and depression. I have been signed off work again by my GP until September 2013, I am still employed but receive no pay so I am unable to claim JSA.

I am trying to appeal against the decision asap as I live on my own and cannot pay my mortgage, and I have used up all my savings. Presumably I have to argue each point the decision makers have made on the assessment. I have never met such a rude, hostile and uncaring nurse at the medical. She did not ask me any questions about my stress or depression, just asked if I could lift my hands above my head, mount the step up to the couch, ask me if I could turn on the gas cooker and whether I had seen a psychiatrist and then wrote the most ridiculous things in her report.

I asked if she wanted to know why I was off work with stress and depression and she said ’No’! How can anyone make an assessment without talking about their illness? I do not have a copy of my ESA50 form I completed in May and have no idea whether it was the new or old form. Unfortunately I joined this site too late for help in completing the form. I mentioned on the form that I also had trouble with both feet so was unable to wear shoes and needed an operation (I have seen a specialist) also my carpel tunnel wrist problems and migraines. All these problems were dismissed.

Thank you

Hi 'happinessis',

As you have found out, the ESA assessment follows a very specific computer-led format and many people are surprised to find that it seems totally unrelated to their problems!

You have 1 month, from the date of the decision letter, to get your appeal submitted. At this stage you only need to say something like 'I do not believe that the Decision Maker has taken into account the extent and severity of my problems', you can follow that up with more details in your own time.

It sounds as if you have already received a copy of the report from the assessment?

Another Decision Maker will first reconsider your claim, it will only proceed to appeal if this reconsideration does not go in your favour. Your aim is to get the decision overturned in your favour at this stage rather than having to go through the appeal process. There is no specific time for this, some people hear within a couple of weeks, in my own case it took 6 months.

Once your appeal has been received, and a further fitnote provided from your GP, you will be paid the assessment ESA rate again. This will continue until your appeal is heard or 365 days has passed, whichever is sooner. If you reach the 365 day stage you will be means-tested to see if you are entitled to income-related ESA.

The important thing is to show which of the ESA descriptors you meet and, if possible, provide evidence to back this up.

We have extensive appeal resources. I suggest that you take your time in reading through these and then come back to this topic/thread if and when you have further questions. You will find it easily in future if you bookmark it, or make it a favourite on your web browser, now

How long do I have to appeal?

How to submit an appeal

Appeals FAQ’s

ESA claims and appeals

BTW this linkis dead bringing up a 404 error

Should it be this link?

Thank you so much for your prompt reply, I will start the appeal ball rolling today and sent my evidence and arguments in a separate letter after I have read the guides.

I have dyslexia and a bit of a sight problem - Irlen Syndrome which make it difficult to navigate your site so will have to get them printed out.

Thank you,

Happinessis

lucids wrote: BTW this link

http://www.benefitsandwork.co.uk/appeals-faq

is dead bringing up a 404 error

Should it be this link?

http://www.benefitsandwork.co.uk/help-for-claimants/forum-faq/appeals-faq

Thanks for that L,

The link was broken, and has now been corrected.

bro58