× Members

ESA Appeal

  • julia
  • Topic Author
11 years 7 months ago - 11 years 7 months ago #112913 by julia
ESA Appeal was created by julia
Hi Please read my case below. I am going to appeal on Thursday of this week and need help / advise in what to do.

My History leading up to the case is detailed below :

On the 16th December 2011 I was told that the result of my ESA Medical Report Form(ESA85) was a score of zero and that I would therefore not eligible to receive any benefits.

I therefore lost my incapacity benefit and was paid Employment and Support Allowance for a year, which ended 17 Jan 2013 and since then I have received no benefits.

I had previously been assessed in August 2005 for incapacity for work on form IB85 and scored 15 points.

The ESA85 form was completed by a registered physiotherapist the IB85 by a doctor.

I appealed and submitted a written appeal supported by a letter from my GP on 10 Jan 2012 and received the result of my appeal 0n 11 July 2012 stating that they could not see any reason to change their mind and the original finding stood.

I appealed against this decision and have a meeting on Thursday for an Employment Support Reassessment appeal to hear my appeal at tribunal.

I am going to attend with my husband , but want to know if anyone has any tips or guidance on what to say or do.

My medical history is this :

I suffer from
- ‘Loss of Cervical Lordosis’in my neck
- Costochindritis in my right side &
- pins and needles in my right hand.

The condition in my neck is inoperable and is the onset of arthritis which I will suffer from for the rest of my life.

The result of the above is I suffer from a constant pain in my neck and I am in agonising pains in my right arm and my right side.

I have been visiting my GP regularly in search of a way of trying to treat/cope with this as I am unable to do anything physical.

I cannot do everyday tasks such as opening a jam jar, dress myself ,carry a saucepan, ironing, cleaning,etc. I suffer from a lack of sleep on managing a few hours in the night.

I can however walk upstairs , drive a car if needed for short distances but they are both painful but out of necessity I can do it.

I have been under the consultation of a orthopaedic surgeon who has diagnosed my condition in the last few months following an MRI scan ( 3 May 2012) and a medical examiniation , but all after the date of my medical.

Whilst at the medical I reported the symptoms but I had not been diagnosed with my condition.

I am still under consultation from the orthopaedic surgeon and I am waiting for an appointment for a nerve conduction study and for the Pain Clinic to which I have both been referred to.

Throughout the time from losing my benefits I have continued to be signed off by my doctor and I have submitted all my sick notes to job centre plus to allow me to claim my stamp.
Last edit: 11 years 7 months ago by Gordon.

Please Log in or Create an account to join the conversation.

More
11 years 7 months ago #112921 by Gordon
Replied by Gordon on topic ESA Appeal
Julia

You say that you are not receiving any benefit while you wait for your hearing, have you checked whether you can receive Income Related ESA, it will be dependant on your household income, assets and savings and any hours that your partner works.

I am afraid there is little value comparing your previous IB medical report to the ESA one, the criteria and scoring systems are very different. It is perfectly possible for someone who previously received IB to not be eligible for ESA, even though their condition has not improved.

Unlike IB, where there was more focus on the conditions that a claimant has, ESA is totally focused on a claimants ability to carry out a range of activities, your conditions are important as they provide evidence to support your capabilities, but will not be looked at directly.

You should have a look at our ESA claim guides, to see what Descriptors you meet and what the criteria are, this will allow you to think about what your limitations are and how you might explain them to the panel.

You should make it clear when discussing your new diagnosis that you suffering from the condition when you were assessed, as the panel can only consider your health as it was at the time of the assessment.

If you have any specific questions then reply to this post and we will do our best to help.

Gordon

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

Please Log in or Create an account to join the conversation.

More
11 years 7 months ago #112924 by slugsta
Replied by slugsta on topic ESA Appeal
Hi Julia,

Just to let you know that I have deleted your duplicate thread so that all replies will be kept in one place for you.

All posts on this site are read by a moderator before being made public. How long this takes depends on how many (voluntary) moderators are on-line and how busy the forum is. Don't panic if your post doesn't appear for a while, it will do so eventually without the need to post again :)

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

Please Log in or Create an account to join the conversation.

  • julia
  • Topic Author
11 years 7 months ago - 11 years 7 months ago #112931 by julia
Replied by julia on topic ESA Appeal
I cannot receive Income related ESA due to my husband job.
Last edit: 11 years 7 months ago by Gordon.

Please Log in or Create an account to join the conversation.

  • julia
  • Topic Author
11 years 7 months ago - 11 years 7 months ago #112932 by julia
Replied by julia on topic ESA Appeal
Hi where can I find the descriptors ?
Last edit: 11 years 7 months ago by Gordon.

Please Log in or Create an account to join the conversation.

More
11 years 7 months ago #112936 by Gordon
Replied by Gordon on topic ESA Appeal

julia wrote: Hi where can I find the descriptors ?


Sorry I meant to post a link

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

Make sure you select the version that corresponds to the date of the Decision that you appealed.

Gordon

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

Please Log in or Create an account to join the conversation.

Moderators: GordonlatetrainBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid