My ESA Appeal

Hello, I hope I'm posting this in the right place. I've been transferred from Incapacity Benefit to ESA and been placed in the WRAG without a medical. Apparently this was based on the ESA form I filled in plus the report from my IB claim and medical I had over three years ago, I've sent for a copy of this report but haven't heard anything yet. I am appealing against this decision and have an appeal hearing on the 29th October, much sooner than I was expecting. It doesn't look as if I will be able to get anyone from my local CAB to come with me so it'll just be me and a family member. I have problems with my arms and neck and thyroid and adrenal problems that have not been treated properly by the NHS and as a consequence this affects just about every aspect of my life: muscle/joint problems, no energy and having to plan everything taking into account how much energy I will have to expend and the recovery time afterwards, I certainly can't do anything repeatedly. I also have "brain fog" for want of a better description so I have memory problems too. I don't have much evidence either, just a letter from a private Dr who's been treating me and a letter from my GP basically just agreeing with the private Dr.

I wondered if anyone had any tips, I've been to a tribunal before but it was a good many years ago and I don't expect things have improved since then.

Thanks, M.

Hi and welcome to the site. This will help you find your way around

Welcome to Benefits and Work

Have you got a firm idea of which Support Group descriptors apply to you?

Qualifying for the Support Group

You will be your best witness and evidence when it comes to the Tribunal. The panel will want to hear how your condition affects you. You might find these helpful

tribunal video

Preparing for a Tribunal

Please come back to this topic if you have any further questions, you will find it easily if you bookmark it, or make it a favourite on your web browser, now.

Thanks for the links. I watched the video, I wasn't expecting only two people there, the last tribunal I went to had a panel of lay people too.
I now have the report from the medical a few years ago needless to say there are a few things in there that are not how I remember it but I was expecting that. According to the report I've been sent none of the LCWRA descriptors apply to me but I believe I should qualify on exceptional circumstances i.e. WRA will make my condition worse and this is mentioned in my Dr's letter. Needless to say the report doesn't agree with this stating, in effect, that the evidence from my Dr's letters don't count because my Dr's are only concerned with treating me not assessing whether I am fit for Work Related Activity.
Thanks for your help and I'll let you know how I get on.

Yes, it is DWPs opinion that doctors do not understand their patient's limitations relating to work and that only ATOS HCPs are trained to do so