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ESA Appeal date
- colc
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11 years 9 months ago - 11 years 9 months ago #109596 by colc
ESA Appeal date was created by colc
Got my date for my ESA appeal in 3 weeks. I was placed in WRAG group in Dec last year and am appealing to get into the Support Group. I have Epilepsy and I have uncontrolled seizures. I can have them anytime anywhere. I have permanant memory loss from status epilepticus last sept although this has just been confirmed. I cannot function for 2-3 days after a seizure and am unable to walk or talk for a few hours afterwards. i also have loss of memory straight after a seizure. Long story but it looks like I cant get representation at the appeal now other than my husband and am now worried sick that my appeal will not be successful. My GP has submitted a letter stating I am in no state to work at all and havent been since I fell ill in Sept. I have had 5 ITU admissions and several hospital admissions and am awaiting a long term stay in a specialist hospital to help pinpoint the diagnosis. Any advice or ideas as to what I need to do or say
Last edit: 11 years 9 months ago by slugsta.
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- Gordon
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11 years 9 months ago #109598 by Gordon
A couple of points.
First, although there is a Descriptor, Staying Conscious when Awake, that covers Epilepsy, it has no Support Group equivalent so you will not qualify on this alone.
Also, by definition having been placed in the WRAG, you are deemed to have Limited Capability for Work, so it is already accepted that you cannot work, so I am afraid that your GP's report will be of little extra value.
You need to show that you meet one of the Support Group Descriptors
Qualifying for the Support Group
Or show that you meet the criteria for Regulation 35 that you performing Work Related Activity would be a danger to your health.
Have a look at our ESA Claim guides for a more detailed explanation of this.
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 ESA Appeal date
colc wrote: Got my date for my ESA appeal in 3 weeks. I was placed in WRAG group in Dec last year and am appealing to get into the Support Group. I have Epilepsy and I have uncontrolled seizures. I can have them anytime anywhere. I have permanant memory loss from status epilepticus last sept although this has just been confirmed. I cannot function for 2-3 days after a seizure and am unable to walk or talk for a few hours afterwards. i also have loss of memory straight after a seizure. Long story but it looks like I cant get representation at the appeal now other than my husband and am now worried sick that my appeal will not be successful. My GP has submitted a letter stating I am in no state to work at all and havent been since I fell ill in Sept. I have had 5 ITU admissions and several hospital admissions and am awaiting a long term stay in a specialist hospital to help pinpoint the diagnosis. Any advice or ideas as to what I need to do or say
A couple of points.
First, although there is a Descriptor, Staying Conscious when Awake, that covers Epilepsy, it has no Support Group equivalent so you will not qualify on this alone.
Also, by definition having been placed in the WRAG, you are deemed to have Limited Capability for Work, so it is already accepted that you cannot work, so I am afraid that your GP's report will be of little extra value.
You need to show that you meet one of the Support Group Descriptors
Qualifying for the Support Group
Or show that you meet the criteria for Regulation 35 that you performing Work Related Activity would be a danger to your health.
Have a look at our ESA Claim guides for a more detailed explanation of this.
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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- slugsta
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11 years 9 months ago - 11 years 9 months ago #109599 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic ESA Appeal date
Hi colc,
We have lots of members who have represented themselves at tribunal, so please try not to worry about your lack of representative. the Tribunal panel will want to hear you tell them about how your condition affects you, although though they might talk to your husband afterwards.
Preparing for a Tribunal
ESA tribunal video
If you have not already, you should prepare a short submission, no more than 2 pages long, explaining that you believe you meet certain Support Group descriptors and why. If there is still some time before your tribunal, you should send the submission to the Tribunal Service. Otherwise you should take 3 copies along with you and give them to the clerk when you arrive.
We have lots of members who have represented themselves at tribunal, so please try not to worry about your lack of representative. the Tribunal panel will want to hear you tell them about how your condition affects you, although though they might talk to your husband afterwards.
Preparing for a Tribunal
ESA tribunal video
If you have not already, you should prepare a short submission, no more than 2 pages long, explaining that you believe you meet certain Support Group descriptors and why. If there is still some time before your tribunal, you should send the submission to the Tribunal Service. Otherwise you should take 3 copies along with you and give them to the clerk when you arrive.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 9 months ago by slugsta. Reason: tidied up link
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