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Thread: Appeal failed

  1. #1

    Appeal failed

    Today got my ESA appeal refused for WRAG on the grounds of that I was not mentally unstable and was not a danger to myself, Thee assessor altered the form by saying that I could walk 50 yards without pain when I had written 20 yards. I have end stage kidney failure a transplant that is only working between 10-15 percent soon to go on dialysis and seeing a consultant about going back on transplant list. Also appeal said insufficient evidence sent this included 4 letters regarding double cataracts and medical letters regarding failing transplant. What more evidence do they need. File now gone to tribunal maybe will get to see a person so I can explain my illness and how it affects me daily.

  2. #2
    davewhit
    Guest
    Quote Originally Posted by Bedlingtonbabe View Post
    Today got my ESA appeal refused for WRAG on the grounds of that I was not mentally unstable and was not a danger to myself, Thee assessor altered the form by saying that I could walk 50 yards without pain when I had written 20 yards. I have end stage kidney failure a transplant that is only working between 10-15 percent soon to go on dialysis and seeing a consultant about going back on transplant list. Also appeal said insufficient evidence sent this included 4 letters regarding double cataracts and medical letters regarding failing transplant. What more evidence do they need. File now gone to tribunal maybe will get to see a person so I can explain my illness and how it affects me daily.
    have you had an appeal or review ? if your now going to tribunal then so far all you have done is applied turned down they did a review

    have you sent them a gl24 also get expert advice and support

  3. #3
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    Quote Originally Posted by Bedlingtonbabe View Post
    Today got my ESA appeal refused for WRAG on the grounds of that I was not mentally unstable and was not a danger to myself, Thee assessor altered the form by saying that I could walk 50 yards without pain when I had written 20 yards. I have end stage kidney failure a transplant that is only working between 10-15 percent soon to go on dialysis and seeing a consultant about going back on transplant list. Also appeal said insufficient evidence sent this included 4 letters regarding double cataracts and medical letters regarding failing transplant. What more evidence do they need. File now gone to tribunal maybe will get to see a person so I can explain my illness and how it affects me daily.
    Thee assessor altered the form by saying that I could walk 50 yards without pain when I had written 20 yards.

    You didn't seriously expect the assessor to believe what you put on the ESA50 did you?
    The ESA50 is always treated with suspicion as it is completed by the claimant - and you certainly aren't going to talk yourself OUT of the award?

    The assessors opinion is that you can walk 50 metres whereas, you say 30 metres. You will have to have good medical evidence to support your argument that your figure is right and ATOS's figure is wrong!

    Also appeal said insufficient evidence sent

    This may be your problem. Medical evidence relating to what is wrong with you is no good for the claim. You have to have evidence that not only do you fit some of the descriptors but also at what level within that descriptor (points).

    I could send in reams of evidence that confirms my many conditions, but the evidence that confirms how I fit into the decriptors is more important. That evidence would come from my CPN, OT and Social Worker/Care Manager - Social Services.

  4. #4
    I filled in a GL24 with the help of Cab on 9/7 and the decision came back no change on 21/11/12.

  5. #5
    Quote Originally Posted by Bedlingtonbabe View Post
    I filled in a GL24 with the help of Cab on 9/7 and the decision came back no change on 21/11/12.
    As DW says, it appears you have had a review of your claim which has been no change to their original decision. Therefore you have to appeal that decision and it will more than likely go to a Tribunal. If you can get the CABs help again filling in the appeal form which is a GL24. You must do this within 30 days of the date of their decision letter.
    Last edited by wobble1; 11-22-2012 at 10:10 AM.

  6. #6
    davewhit
    Guest
    Quote Originally Posted by Bedlingtonbabe View Post
    I filled in a GL24 with the help of Cab on 9/7 and the decision came back no change on 21/11/12.
    so all you have had so far is a review by a senior DM you will now get a bundle of all the information DWP have on your case, and a long time later you get to argue your case in court


    I agree with doberg

    Also appeal said insufficient evidence sent


    Medical evidence relating to what is wrong with you is no good for the claim. You have to have evidence that not only do you fit some of the descriptors but also at what level within that descriptor (points).

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