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Esa to support group, turned down three times....

  • Dazandrew
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11 years 9 months ago - 11 years 9 months ago #108277 by Dazandrew
In 2008 I herniated a disc in my lower spine, I fell over at work but it was my fault. I had a operation to remove the disc that had compressed my spinal cord which was Oct 2008. In December my life changed for every and I had herniated again. Jan 2009 I join ESA but this was part of my wage that I received from work, ESA500. I work for the seconded biggest uk airline, name begins with V, They had a income protection scheme so I received £518 a month from them and £300 from ESA. I thought ? Even the airline thought I was covered till I could manage to get better to return to work. So in December 2009 I had my second operation but my legs got worse and where killing me and my back was having loads of spasms, I was already on large amounts of Gabapentin, the operation didnt work, the disc was still compressing the spine and also the mass of scar tissue. the surgeon didnt listen to me so I changed surgeons. Not only did I have failed back syndrome the new surgeon found the disc above where I had been operated on had a massive tear and was making me have spasms . All together I have four discs that have gone, it's could SDDD. Thankfully this surgeon put me forward for a spinal cord implant that was implanted in 2012. This helps with the pain management I have with my legs which i'm going to have for the rest of my life, the tear in the back has just been left and is managed by loads of drugs.
I get high rate DLA and care, I stay at home drugged up, I use a wheelchair, my upper spine in my neck is also deteriorating, part of SDDD (mri scan 2012) so I'm starting to have problems with my arms and hands. I'm on 22 tablets a day, Gabapentin, zomorph, Oramorph, amytripline, zopliclone, i'm depressed also, I live on my own and I have a mortgage. My life is hell, the pain I'm in when I go to bed and wake up is horrendous, every morning I just want to die....
Throughout these three operations I have been kept in the WRAG. In April 2012 the law changed and I lost my ESA money but still kept in the limited work group of ESA. I have tried to get into the support group but been turned down three times, I have a tribunal in 14 weeks time. Please please can anybody help me...? I don't know what to say or do
Last edit: 11 years 9 months ago by Gordon.

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11 years 9 months ago #108284 by Gordon
Dazandrew

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

To be placed into the Support Group you will need to meet one of the SG Descriptors or the Exceptional Circumstances.

Qualifying for the Support Group

In terms of your preparing for the Tribunal

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

MOJ Video of ESA Appeals Process and Tribunal

It is really important that you focus on the ESA Descriptors rather than your conditions, as any Decision will be based on them.

Most Tribunal Decisions are the result of what the claimant talks about on the day, it will help you to express yourself in the right context if you have a look at our ESA Claim guides

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

as general approach, you need to think of;

- because of condition A
- I have a problem doing B
- due to limitation C

As an example; because of Arthritis in my hands I unable to pick up a one pound coin due to pain in my hands and fingers.

If you have more specific questions, please reply to this post and we will do our best to answer.

Gordon

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

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