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TOPIC: ESA Appeal

ESA Appeal 8 years 7 months ago #17995

  • sara glover
Following my medical with Atos I was placed in the work related activity group. I have secondary progressive ms and as I felt the decision was incorrect and I should have been placed in the support group I initiated an appeal and asked for a personal hearing at a tribunal.
I appealed on the basis that the atos medical examiner and the decision maker had made incorrect assumptions regarding the descriptors with relation to how far I could walk and also in relation to picking up a carton of liquid.
I provided medical evidence of the fact that I had fallen over three time at home as I could not walk (medical treatment required to facial injuries each time) and also provided evidence from my neurologist and gp.
Several weeks back I recieved a letter from the tribunal service which contained a reply from the job centre in which they appear to be saying that I have provided evidence to say that my condition has worsened. and that i have now been referred for another Work Capability Assessment.
I rang the tribunals office but they told me to wait for communication from the job centre.
This morning I have recieved the SAME form from the tribunal's office which I detailed above. I have also recieved a new Limited Capability for Work Questionaire from Atos.
This appears nonsensical - I do not want to have to fill in the questionaire again, and surely I don't have to have another Atos Medical.
The suggestion that my condition has worsened since I filled out the original questionaire is ridiculous. I just want to go to the appeal because I am sure I have a good chance of getting the decision changed.
It now seems however that I have to start the same process all over again?
I have also applied for a super session ine relation to my dla (higher rate mobility/lower rate care).
That was weeks ago. Coincidentally I have had another letter from the dla this morning saying that they have not been able to reach a decision yet.
What a farce - sara.

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Re:ESA Appeal 8 years 7 months ago #18005

  • pata1
If you've lodged an appeal, then unless the DWP Decision Maker changes their decision before the appeal hearing, then you are legally entitled to an appeal if you're refused any social security benefit. Or using DLA for an example, you're awarded a lower rate of care and/or mobility component than you think you're entitled to.

My husband was diagnosed with remitting/relapsing MS in 1986, but the diagnosis was changed to secondary progressive about 10 years ago.He is now a full-time wheelchair user and also suffers from chronic asthma and bronchiectasis.

With DLA, the name of the illness is secondary; the main consideration are the level of care & mobility needs that you have.

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Re:ESA Appeal 8 years 7 months ago #18010

  • sara glover
Thanks for your reply. I have been in contact with both the tribunal service and the jobcentre today.
Almost impossible to get a straight answer from the job centre though as the person on the phone did not seem to able to grasp what I was trying to say.
The issue with the appeal is that I am saying that I should have been placed in the support group for ELA.
The response from the job centre to my medical evidence supplied to the tribunal is as follows:

Mrs....has provided evidence to the tribunal that her condition may have worsened; she cannot be placed in the Support group without medical evidence that she meets one of the descriptors in schedule 3. Mrs ... has therefore been been referred for another Work Capability Assessment determine if she can be placed in the support group.

It seems that I am expected to fill out the original form again and then have to have another appalling atos Medical again, although the original appeal seems to be going ahead.

I am sure the DWP make the whole process as difficult as possible so that people just give up in the end.

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Re:ESA Appeal 8 years 7 months ago #18013

Hi Sara,

The system just gets worse and worse, it seems.

You may want to consider writing to the DWP explaining that you are not asking for a supersession as there has been no change in your condition since the original decision and asking what authority they are using to begin the supersession process.

But do take great care to get everything in writing as failure to return the ESA50 within the time limit - unless you have it in writing that you do not need to - could mean your award ends.

Please do very strongly consider contacting your MP's office and telling them they can definitely count on your voting for someone else unless they help you sort this ridiculous mess out.

Good luck,

Steve

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