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esa help advice needed

  • bell67
  • Topic Author
12 years 6 months ago #68981 by bell67
esa help advice needed was created by bell67
hi all, first time ive posted on here,need some friendly advice, i have a spine damage to my lower lumbar area which on mri scan shown 3 prolapsed lumbar discs i have been on medication and recieved incapacity benefit for the last 3 years approx i also recieve dla, mobility and care allowance,i was recently called for an esa medical which i managed to get to but was in great pain and unable to carry out any of the bending tasks ect that the nurse requested of me, i was driven to the examination and we managed to park right outside the door due to my poor mobilty and back pain, around 2 weeks later 14 sept i got a letter from dwp basically stating that i have been placed in the work related activity group and will have to attend 5 work focused interviews. no request was made to my gp for any recent medical information and i dont understand how a nurse can make assumptions about a spinal injury that i am fit for any kind of work getting to these interviews alone is going to cause me great pain and problems getting there to attend i worked very hard all my life from the age of 15 years old as an engineer metal fabricator now 52 years old, but my condition slowly became worse over the years to the point i was at the docs all the time for pain killers, also had to call out doc to my home as unable to get up from bed in so much pain .should i appeal against decision or go along and see what is said can these people force me to take part in anything which will cause me more pain and possibly more long term damage to the point that i may then be unable to walk and need constant care? my wife works part time as an auxilary nurse to make end meet and my son helps me around my home when shes not there as ive had several bad falls , i have asked for a copy of the atos report and scoresheet and decision makers report by phone ans in writing subject access request form sent recorded dlv,i only have 1 month to reply if appealing and lost 2 days as soon as i recieved their letter ie. dated 12 sept, recieved 14 sept.they told me it will take about 10 days to get the copy funny i can write to them and letter is there the next day? i have an appeal form gl 24 i think but i need this report to see what it states, .does my gp have to sign me fit for work before they can make me do anything and who accepts liability for any further damage that may be caused as a result of this the specialist told me i must be very very careful for the rest of my life and my gp seems reluctant to get involved until dwp send him a request form for info please guys can you advise me im at my wits end with worry about all this and dont know where to turn :( thanks all pete.....

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12 years 6 months ago #68984 by Derek4
Replied by Derek4 on topic Re:esa help advice needed
Hi Pete, welcome to the forum.

I'm afraid we cannot possibly give advice on individual claims let alone tell you whether or not to appeal. We can only give general information about how the benefit system works. See

Why can’t you answer a question about my specific claim?

Please read the ESA appeal guide in the MEMBERS ONLY part of the site. This will guide you through the process of appealing.

Good luck

Derek

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  • bell67
  • Topic Author
12 years 6 months ago #68987 by bell67
Replied by bell67 on topic Re:esa help advice needed
cheers derek im at my witts end here youre a great help

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  • RachelPotter
12 years 6 months ago #68990 by RachelPotter
Replied by RachelPotter on topic Re:esa help advice needed
(2nd attempt)

Hi, you have nothing to loose by putting in your GL24, and I would suggest you do it quickly, after looking at the suggested phrasing in the Members Only guides.

You can withdraw the appeal whenever you want, if you change your mind.

Appeals are usually 24 weeks delay so you will have plenty of time to gather your evidence together.

Have a look at the guide to ESA appeals.

Best wishes,
Rachel

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