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  • shellyb
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11 years 7 months ago - 11 years 7 months ago #111752 by shellyb
ESA was created by shellyb
:( im ay my wits end im already in the WRAG and my advisor at the DWp advised me to appeal and go for the support group which i did i hate causing a fuss as it makes me very anxious but i dont it anyway i received a letter back saying they had turned me down and they would send my appeals papers to the appeal people i just the form today to go to a hearing dont know when it will be making me feel sick :sick: to my tummy i have degenerative back diease had a major op on it in 2008 i now have cervical spondaylsis excuse my spelling tennis elbow and RLS i take tablets for all of them i dont know where to start or what to do it made me ill going to the ATOS medical examine also at counselling for depression hated it please help anyone
Last edit: 11 years 7 months ago by Gordon.

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  • shellyb
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11 years 7 months ago - 11 years 7 months ago #111753 by shellyb
Replied by shellyb on topic ESA
see im blabbing along
Last edit: 11 years 7 months ago by slugsta.

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11 years 7 months ago #111756 by Gordon
Replied by Gordon on topic ESA

shellyb wrote: :( im ay my wits end im already in the WRAG and my advisor at the DWp advised me to appeal and go for the support group which i did i hate causing a fuss as it makes me very anxious but i dont it anyway i received a letter back saying they had turned me down and they would send my appeals papers to the appeal people i just the form today to go to a hearing dont know when it will be making me feel sick :sick: to my tummy i have degenerative back diease had a major op on it in 2008 i now have cervical spondaylsis excuse my spelling tennis elbow and RLS i take tablets for all of them i dont know where to start or what to do it made me ill going to the ATOS medical examine also at counselling for depression hated it please help anyone


To be put in the Support Group you will need to prove to the Tribunal that you meet one or more of the Support Group criteria.

Qualifying for the Support Group

If you can, you need to write down why you qualify and if possible relate it to any evidence that you have in support of your conditions. Use the ESA Claim guides as a template. There is an ESA Appeal guide that explains the process in more detail.

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

Go and see your GP and ask if they will help you by providing a letter or report based around the SG Descriptors.

You should now receive, if you have not already, an appeal bundle which will include all of the documents used to make the original Decision on your claim, go through these so you understand how the DWP view your case, if there are things that you do not believe are correct, then challenge them in your submission to the Tribunal.

Have a look at the following which explain more about the actual appeal process.

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

MOJ Video of ESA Appeals Process and Tribunal

When you have had a look through everything I have suggested, feel free to come back to the forum to ask questions, if you bookmark this message, you can reply to it so that everything is in one place.

Gordon

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

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11 years 7 months ago - 11 years 7 months ago #111757 by slugsta
Replied by slugsta on topic ESA
Hi Shelly, welcome to Benefits and Work.

This will help you find your way around

Welcome to Benefits and Work

In due course you will get a letter from the Tribunal Service with the date, time and venue of your appeal. This could take some time though, so you can use the time to prepare.

I will be honest and say that it is getting very difficult to find trained help from places like CAB as they have all had their funding cut. This FAQ tells you where to look for help, you could also try putting the words 'welfare advice' and your town into your search engine.

Where to get advice?

However, don't dispair if you cannot get any outside help, we have many members who have had successful appeals without representation.

The first thing to do is to look carefully at the Support Group descriptors, you have to show that at least one of these applies to you in order to be put in the Support Group.

Qualifying for the Support Group

Then you need to provide any evidence you can to support your claim. If your GP will not provide a supporting letter (many won't), you can access your records to see what will be helpful. Please let us know if you want to do this and we will tell you how.

'Evidence' can include letters from friends, family, carers and other therapists, it doesn't have to be limited to GPs.

If you feel you have already provided this evidence, your appeal submission should draw attention to it.

How to submit an appeal

Our appeals FAQs are here, you will find them helpful

Appeal FAQs

You might also find this reassuring, it talks specifically about people refused ESA, but the process is the same for you

Youtube video

If you are asked to attend further apppointments with your adviser while awaiting appeal, I'm afraid that you are obliged to appeal otherwise your benefit could be sanctioned.

Do I have to attend WFIs while I appeal?

If you are on contributary ESA, you will have a maximum of 365 days payment while awaiting appeal. You should then receive a form to assess your income and savings to see if you are entitled to income-related ESA.


Please bookmark this topic, or make it a favourite on your web browser, so that you can return to it easily in the future. You can then ask any further questions here as it helps us to have everything kept in one place :)

Sorry - x post with Gordon! :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 7 months ago by slugsta. Reason: added comment

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11 years 7 months ago #111772 by robm
Replied by robm on topic ESA
hi there dont worry have had 2 appeals in the past one for DLA without representation got an indefinite award and last year won my case at tribunal for esa again with any representation has to regards the CAB my local one now has only one benefit advisor due to the cutbacks hence me joining benefits and work site has it is ny impossible to get an appointment with the CAB

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