ESA

Having a night mare with the appeal process, My ESA was stopped last November because of the 365 day rule, I had no idea about support groups until after it was stopped and I found your web sit, I appealed and was told I would need to have two appeals one because I was out of time to appeal and if the judge would allowed it I could then appeal to be placed into the support group.
I was allowed to appeal I received the paper from the court asking my to return the form for the appeal to proceed. I sent back this with all my evidence plus medical reports this was in May this year, I am still waiting for an appeal date, But two weeks ago I received submission paper from DWP and a couple of days later I received another letter from the courts with another appeal paper, After phoning the court it would appear that because the DWP were out of time with their submission papers they had made it another appeal, Now waiting for the court to sort out the mess,
In the submission papers the DWP have said they have lost my ESA form and they think it has been destroyed, so they have sent a copy of my incapacity form 2007.
I have emailed my MP he said he was going to have my case investigated.
I have now been with out my benefit for 8 months and no end insight

Hi Gordon
Not eligible for income related ESA, as my husband is working (one of Ian Duncan-smith tax payers)
I was sent a ESA form from ATOS about three weeks ago, the letter said I must fill in and return the form as it could affect my NI payments even if I was not entitled to ESA payments. So I have sent it back and not heard a word since.
I was only able to have the time limit appealed because I was able to send letters proving at no point was I told about the different groups if I was made aware I would have appealed. I could also prove the DWP only sent me two letters in one year; one in the January 2012 to say my ESA was successfully change from IB, and the second to say it had stopped November 2012. If I had received a letter to tell me about the change in law about how long you can receive ESA or if they had invited me to a work assessment I would have been alerted to the fact I was in the wrong group.
I will be going ahead with the appeal as I have had to do so much work, I took your advice when the appeal started and kept asking for the DWP to send me the submission papers. Nobody had a clue what I was talking about in the end they sent me the ATOS medical report which said after looking at all my medical evidence and reports it was unlikely I would be able to work for at least the next two years.
The submission paper I received three weeks ago does not contain this, in the facts it states my GP has put my condition down as back pain again no letter evidence of this. This is because it is completely untrue. My GP always calls me in when she needs to fill in any DWP forms so I was sat with her. Her response to this calm was to call me in and write a letter to back up all my conditions and then she showed me a copy of the ATOS form she was asked to fill in, she had listed all my condition from the removal of a brain tumour and how this had left my with a balance problem, to how I can only walk with my sticks because a spine operation had left me with nerve damage to my leg, she said I would be unable to lift anything and still has pain in my back.
I now have both a letter from my GP stating I would not have been fit for work then or now. I also have a copy of her ATOS report and any relevant medical letters. I am waiting to hear from the courts as to when to send them as the DWP have filed this new appeal.
I need to know which appeal I am sending it to, the court clerk said not to send anything until they hear from the judge who is looking at my first appeal because the DWP were out of time to send in the submission papers. They have extended the time for the second appeal sent by the DWP three weeks ago, to one month in case I do have to return the 14 day appeal form.
I will have to call them again next week if I have not heard from them.
All as I said a night mare!!

Hi
Have checked out your ESA test and it said I would qualify for the support group,

My GP has put " I feel in view of this it would not have been fit to cope with work and would have aggravated her condition"