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ESA renewal and previous Tribunal decision

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11 years 7 months ago - 11 years 7 months ago #113065 by lochlisa
hi all,

the dreaded envelope has appeared.

Nearing the end of my 2 years on ESA Support.

Previous decision was WRAG, but at appeal both panel members agreed my condition was such that I be in Support Group under Schedule 2 18(b) 15 points and Schedule 3 Descriptor 10(c).

Is that judgment going to help me this time, or can ATOS blank me out again meaning I have to appeal all over again?

My circumstances have not improved and, if anything, have become worse.

Hate these bloody forms!

thanks for any help

Lisa
Last edit: 11 years 7 months ago by . Reason: Tick.

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11 years 7 months ago #113070 by slugsta
Replied by slugsta on topic ESA renewal and previous Tribunal decision
Hi Lisa,

You should assume that ATOS/DWP will not consult your previous paperwork when assessing you this time. therefore you should treat this as if it were a new claim and provide all information and evidence. There is no harm in stating that you were previously placed in the Support Group and on what grounds. You should also show that, not only has your condition not improved, but also that you have not been able to adapt to your condition in the meantime.

The ESA50 has changed since your last assessment, although I don't think it really affects the discriptors relevant to you.

If you wish, you can download the PDF copy of the form and fill it in on your computer.

Using The PDF Version Of The ESA50 Questionnaire

Of course, you should make good use of our ESA guide

ESA claims

and our ESA FAQs are here

ESA FAQs

I suggest that you bookmark this page, or make it a favourite on your web browser. Then you will be able to return here easily in order to ask further questions and we will have the benefit of keeping everything in one place :)

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

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11 years 7 months ago #113073 by colleen
Replied by colleen on topic ESA renewal and previous Tribunal decision
Hi Lisa

I don't have any answers for your I just wanted to show you a bit of support. I have just been put back into support group suddenly after 18 months approx. when in 2012 ATOS said I was going to be cured and fit for work in a year. I have no idea what on earth is going on and what are the rules anymore :S and would have been lost with the help sheets on here. I am relieved I have had a 2 year decision but its amazing how quickly time goes by. But at least its a breathing space for now. You must be worried I think though that if you are lucky enough to be able to fight their decision (and I feel so bad for those that are not) you stand a very good chance. Hey you've been here before and won so you can do it again. Good luck to you Lisa I shall watch the forum to see how you get on. Colleen :cheer: ;)

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