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TOPIC: Esa appeal - advice please

Esa appeal - advice please 4 years 2 months ago #110428

Hi,

I got the letter on September 5th to say I got 0 points and have to claim JSA.

I've sent off for the full 'face to face' report and today I spoke to my Dr and he's going to write a letter for me in regards to some of the things in the summary.

I'm in chronic pain due to HMS, yet she's not taken that into account at all. She also has put I use a bike to exercise, when I use an exercise bike (on advice from Dr - I now believe she did not understand the term 'exercise bike'.) and got other things wrong. The only time she's noted in the summary an issue was with dressing and she says I switch hands when one gets tired. This is not what I said since apart from not sleeping due to pain keeping me awake, tiredness is not an issue. I said pain, I'd never use tired in those circumstances. :( -- She also seems to have assumed things and to my eye some of her statements contradict.

I got the claim form 7th January and the assessment was start of July. -- What else do I need to do please?

Sorry if this doesn't make sense, am not yet on new painkillers... new Dr is trying me on some again to 'start from the beginning' as of today. My old ones, I'm allergic to, she seems to also have doubted this statement.

Any help gratefully appreciated.

Thank you. :)

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Last Edit: by Gordon.

Esa appeal - advice please 4 years 2 months ago #110430

Blake

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

The first thing that stands out is that you only talk about your condition(s) and symptoms, ESA Is not awarded for these, but is based on your ability to complete a number of standard tests, so the first thing I would recommend is for you to have a look at our ESA Claim guides to get a better understanding of what those tests are and how to explain your limitations in context to them.

Our ESA Appeal guide is also on this link.

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

You can appeal the Decision, this will first result in a Reconsideration by the DWP and if they do not revise the Decision your papers will be passed to the Tribunal Service for a hearing to be heard. You will be paid the ESA Assessment rate while you appeal.

How long do I have to appeal?

How to submit an appeal

ESA medical – what forms to ask for?

Qualifying for the WRAG

Qualifying for the Support Group

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

MOJ Video of ESA Appeals Process and Tribunal

If you have any questions on the above, please reply to this post.

Gordon

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

Esa appeal - advice please 4 years 2 months ago #110457

Hi Gordon,

Thank you I will read the linked information ASAP.

Um I'm not sure what you mean, I used pain in the areas where descriptors stated 'without discomfort' and just with the walk 50m which I can't do without a lot of pain, I'd have got the minimum points. What am I missing please. :unsure:

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Last Edit: by bro58. Reason: Tick.

Esa appeal - advice please 4 years 2 months ago #110458

Blake wrote: Hi Gordon,

Thank you I will read the linked information ASAP.

Um I'm not sure what you mean, I used pain in the areas where descriptors stated 'without discomfort' and just with the walk 50m which I can't do without a lot of pain, I'd have got the minimum points. What am I missing please. :unsure:


A lot of claimants approach the ESA50 on the basis that they should be awarded ESA because they have a particular condition and usually fail because of this, if you have not done so, then that is good.

Gordon

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

Esa appeal - advice please 3 years 11 months ago #114406

Sorry thought I replied months ago.

No I approached it as 'can I do the tasks asked' and answered accordingly, only finding this site after I failed. I was honest and thought I'd given enough additional information i.e repetition aggravates and if I do manage to get out one day, I'm paying for it for days after with more pain.

Anyway, just an update, the reconsideration sided with the assessor who did not take the 'discomfort' element into account on the descriptors that it should have been. -- I still don't understand how walking a few meters to the office equates to being able to walk 200m without pain, I wish that was the case, then I'd actually get out of the house more often!

So I'm waiting to get the paperwork for the tribunal. I'm working with someone from CAB and will be using the most helpful info on here to help me prepare. I know I need to go in person so am already psyching myself up for the pain fall out from that trip out.

Thanks for all the info / support that your site offers!

Blake

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Esa appeal - advice please 3 years 8 months ago #118685

UPDATE:

Had my tribunal on Wednesday (12th March) apart from already having a lot of back pain before we left and the 30 min car journey making that a lot worse it went okay.

Got the letter today, I won my appeal. :lol:

So am now waiting on the DWP to see if they'll contest or not and what group I'm in. (If this was in the letter from the tribunal then I missed it, I'm really paying for going to the tribunal, just typing this short post has kicked my back into high gear again. :( )

Thank you for this site and the help you give!

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Last Edit: by Gordon.
Moderators: bro58GordonMrs Hurtyback