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Appeal for Esa Jrag to support group
- minty3825
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11 years 6 months ago - 11 years 6 months ago #114514 by minty3825
Appeal for Esa Jrag to support group was created by minty3825
Please can anyone give me advise as to how I should present my case when I have my appeal next week. I have been waiting a year for the appeal and am terrified as my esa ends on the day of the appeal. I have never been advised as to why I was not put in the support group even though I asked on several occasions for an explanation. I asked them to review their decision twice but they just said the original decision stood. I was never given an assessment/medical. I suffer from severe RA, I have a a total knee replacement, I have obstructive sleep apnea which means I am sleepy most of the time and have had to give up driving. I have stress in continence to bladder and back passage, which is really bad, I am registered hard of hearing, totally deaf in one ear with reduced hearing in the other ear, this causes tinnitus 24/7, I have labyrinth failure and suffer from menniers disease. I am on anti depressants and masses of drugs to treat these illnesses.
I sent in lots of evidence mostly medical reports and doctors letters to back up my illnesses. The dss sent nothing to the appeal board saying I had not sent any proof. I had to send all the reports to the appeal board. When I have read what the Secratary of State's response is it appears that my ESA50 and reports are lost in the Department's Archive so was unavailable to the decision maker concerned so when that person went through the questions Every point was refused on the balance of probability regarding schedule 3 discrptors.
If anyone can give me any help as to how to go forward with this at appeal, I would be grateful.
Minty3825
I sent in lots of evidence mostly medical reports and doctors letters to back up my illnesses. The dss sent nothing to the appeal board saying I had not sent any proof. I had to send all the reports to the appeal board. When I have read what the Secratary of State's response is it appears that my ESA50 and reports are lost in the Department's Archive so was unavailable to the decision maker concerned so when that person went through the questions Every point was refused on the balance of probability regarding schedule 3 discrptors.
If anyone can give me any help as to how to go forward with this at appeal, I would be grateful.
Minty3825
Last edit: 11 years 6 months ago by Gordon.
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11 years 6 months ago #114519 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Appeal for Esa Jrag to support group
minty3825
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
You will win your appeal by showing that you meet one or more of the Support criteria, with only a week to go however, you are limited in what you can present in regard to your case, ideally everything should be with the Tribunal Service two weeks in advance of the hearing, so you may be limited to what you can hand to the Clerk of the Court on the day of the hearing.
I would produce a brief submission of why you meet the SG criteria, one or two pages at most, for each Descriptor, state why you believe you meet a particular level with a cross reference to your medical evidence.
I would start by going through our ESA Claim guides, as these will explain each descriptor in detail and provide example answers which you can adapt your own conditions.
www.benefitsandwork.co.uk/help-for-claimants/esa
In addition have a look at the following FAQs
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, please reply to this post and we will do our best to help you.
Gordon
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
You will win your appeal by showing that you meet one or more of the Support criteria, with only a week to go however, you are limited in what you can present in regard to your case, ideally everything should be with the Tribunal Service two weeks in advance of the hearing, so you may be limited to what you can hand to the Clerk of the Court on the day of the hearing.
I would produce a brief submission of why you meet the SG criteria, one or two pages at most, for each Descriptor, state why you believe you meet a particular level with a cross reference to your medical evidence.
I would start by going through our ESA Claim guides, as these will explain each descriptor in detail and provide example answers which you can adapt your own conditions.
www.benefitsandwork.co.uk/help-for-claimants/esa
In addition have a look at the following FAQs
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, please reply to this post and we will do our best to help you.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- minty3825
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11 years 6 months ago #114523 by minty3825
Replied by minty3825 on topic Appeal for Esa Jrag to support group
Thank you Gordon. Will let the forum know How I get on.
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11 years 5 months ago - 11 years 5 months ago #115118 by minty3825
Replied by minty3825 on topic Appeal for Esa Jrag to support group
Thank you for your help Gordon, I won my appeal on two descriptors. So put in the support group for 2 years. However befor going to appeal I received another ESA50 which I have to send in by 25th Dec. The DSS HAVE SAID THAT I will probably be put straight back into the job related activity group and will have to appeal again. I canot believe I am back to square one. Will I loose my money while waiting for a new decision on the Esa 50. Also can I send in updates to Atos as I am waiting to see consultants at the hospital and one of them is a referral for possible bladder or kidney cancer. I don't have dates yet but I am on a 2 week fast track with regard to the possible cancer. I have only just been advised of this by my GP. I would be grateful for any advise. Regards Christine
Last edit: 11 years 5 months ago by Gordon.
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11 years 5 months ago #115121 by Puccalove
Replied by Puccalove on topic Appeal for Esa Jrag to support group
First of all congratulations on winning the appeal although I can appreciate you may not feel like celebrating. In your form I would put that you have been placed in the support group and what descriptors you were considered to fit. You should start to receive ESA again and have any necessary monies backdated. I would put in the form that you are being investigated for cancer and send any documentation you may have with regards to this. It may take a while for Atos to respond to your form as they are backed up with cases at the moment.
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11 years 5 months ago #115123 by Gordon
Congratulations on the award.
Now that you are in the Support Group you will continue to receive this rate until a new Decision is made.
The first thing you should do is to contact the DWP in regard the recommendation by the Tribunal panel that you should not be re-assessed for two years, they may choose to ignore the recommendation but there is a small chance that they will abandon this re-assessment, if they do then you must get this in writing from the DWP and you should not hold-off completing the ESA50 in the hope that this will happen, because it may not.
Providing it is still applicable you can include the Tribunal Decision as part of your evidence, also, you should look at the differences between the evidence you previously supplied the DWP and what you supplied the Tribunal to see what made the difference at the hearing. If the DWP were to place you back into the WRAG the Decision Maker will have to provide their reasons why you no longer qualify for the SG.
You do need to be aware that the ESA Descriptors and Regulations were updated in January 2013, so you should refer to the latest guides for information on how to complete the ESA50.
www.benefitsandwork.co.uk/help-for-claimants/esa
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Appeal for Esa Jrag to support group
minty3825 wrote: Thank you for your help Gordon, I won my appeal on two descriptors. So put in the support group for 2 years. However befor going to appeal I received another ESA50 which I have to send in by 25th Dec. The DSS HAVE SAID THAT I will probably be put straight back into the job related activity group and will have to appeal again. I canot believe I am back to square one. Will I loose my money while waiting for a new decision on the Esa 50. Also can I send in updates to Atos as I am waiting to see consultants at the hospital and one of them is a referral for possible bladder or kidney cancer. I don't have dates yet but I am on a 2 week fast track with regard to the possible cancer. I have only just been advised of this by my GP. I would be grateful for any advise. Regards Christine
Congratulations on the award.
Now that you are in the Support Group you will continue to receive this rate until a new Decision is made.
The first thing you should do is to contact the DWP in regard the recommendation by the Tribunal panel that you should not be re-assessed for two years, they may choose to ignore the recommendation but there is a small chance that they will abandon this re-assessment, if they do then you must get this in writing from the DWP and you should not hold-off completing the ESA50 in the hope that this will happen, because it may not.
Providing it is still applicable you can include the Tribunal Decision as part of your evidence, also, you should look at the differences between the evidence you previously supplied the DWP and what you supplied the Tribunal to see what made the difference at the hearing. If the DWP were to place you back into the WRAG the Decision Maker will have to provide their reasons why you no longer qualify for the SG.
You do need to be aware that the ESA Descriptors and Regulations were updated in January 2013, so you should refer to the latest guides for information on how to complete the ESA50.
www.benefitsandwork.co.uk/help-for-claimants/esa
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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