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TOPIC: ESA Awarded! A win, but only partially.....

ESA Awarded! A win, but only partially..... 8 years 10 months ago #42935

My Atos interview of 21st December has resulted in ESA award, I am pleased to say. Thank you to all on this site who have contributed to my wails and complaints.
HOWEVER, I am not entirely happy. My first application for ESA was from 3 August 2009 for 2 main conditions. Then I contracted a third condition. For some reason, (I know not what) I had to reapply in July 2010. So this award only goes back to this date, as is the money that goes with it. However, I have slogged away for a further year previously and still have an appeal pending from that time. Can anyone tell me if I have a ghost of a chance getting any money due to me from this substantial period, a year. ps I have help of CAB Benefits adviser and an appointment next week as back-up. Cheers.

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Re:ESA Awarded! A win, but only partially..... 8 years 10 months ago #42944

  • Gordon
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Iamawindsurfer

I am not sure from your post whether you are appealing the August 2009 claim or the July 2010 one.

If the former, then the Trinunal can only consider the two conditions that you suffered from at the time, if it is the latter, then all three should be considered.

Hope this explains it.

Gordon

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

Re:ESA Awarded! A win, but only partially..... 8 years 10 months ago #42946

Hi,

In these circumstances you would usually expect both appeals to be heard together, not sure why that didn't happen.

Also don't know why the appeal for your second claim took place before the appeal for the first claim.

As to whether you have a chance - well, yes, of course you do. But without having all the evidence it's impossible to guess at how good your chances are.

Talk to your advisor, they may be able to give you a clearer idea.

Good luck and congratulations on your first appeal success.

Steve

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Re:ESA Awarded! A win, but only partially..... 8 years 10 months ago #42969

thanks for your reply. Atos failed me from 2009 on collagenous colitis and moderate depression alone. My appeal from that is still running. Meanwhile, I developed chronic fatigue. So since I had a third condition, (albeit not more serious than the first two)I was told I had to start my ESA claim once again. For this second claim I have been awarded ESA, but only from July 2010, which is when I put in the second claim. The appeal from my first claim still hasnt been heard, I postphoned it in late December so this is still due to be heard.
The money I have received is only £650, since I am apparently on work related component of ESA which I am bound to question since now I have involuntary episodes of diarreah which is very nasty and causes anxiety and where I can walk and talk I never really know when I am going to be caught short so I am not really sure whether I should be on the work related part any more. I have heard that a case was won by a lady with similar condition... so all this has to be looked into. The last 2 years have been HELL while they have lingered over what to do etc., with me, and I am often in bed with high temperatures feeling rotten and my ESR level which is the blood platelet level is WAY off at 90, which shows considerable inflammation. Normal levels are 25 or so. Therefore I feel ghastly about 80 per cent of the time. So there you are. Welcome any further feedback on this more detailed info.

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Re:ESA Awarded! A win, but only partially..... 8 years 10 months ago #42975

  • Gordon
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Iamawindsurfer

Thanks for explaining.

The first thing to say is that you must seek help from the CAB or Welfare Rights to help you with your case.

With regard to your appeal, there is no reason why you should not be able to win, providing you can provide sufficient evidence to support your contention that you should have received the 15 points necessary for the WRAG.

With regard to being the Support Group. You must be able to demonstrate that you meet one or more of the criteria. These can be found on page 25 of the Understanding ESA document in the Members area.

If you believe you should be in the Support Group, then you can ask for a re-consideration or appeal the decision of 21 December. If you decide on the latter, and you should not do so without consulting someone who can review all aspects of you case, then you only have four weeks form the date of the decision to do so, although you may be able to argue an extension due to the Christmas break.

Hope this helps

Gordon

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Re:ESA Awarded! A win, but only partially..... 8 years 9 months ago #43108

:side: THANK YOU!

I will follow your advice and let you know what happens.

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