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Thread: ESA appeals help

  1. #1

    ESA appeals help

    Hi,

    I'm just in the process of an appeal, I had the assement and was placed in WRAG (contributions), due to my disabilies/health I feel I should have been placed in SG.

    I have just received all my documentation back from DWP, the ATOS report looks to be fairly accurate, but the decision makers report looks like they have been reading something else, there are so many inconsistences throughout.

    The HCP stated in her observation report I had trouble walking 12m, I walked very slowly and with two sticks, I could not sit for more than 10mins, I needed help standing up and when stood was in a lot of pain and could only stand for 2 mins, also needed help sitting back down. The medical was stopped halfway through as the HCP said she was not prepared to cause me more paid by getting up onto the couch, clinical findings were most of my limbs have suffered a reduction in power and movement, the summary statement said - overall evidence from a typical day, evidence findings and observations suggest significant functional disability relating to his walking, standing and sitting, a wheelchair is unlikely to enhance notability owing to his pain on sitting and upper limb problem. Prognosis said -I advise that work is unlikely in the longer term, available evidence suggests improvement is unlikely in the longer term. The decision maker decided to award me 15 points, yet later on in the report stated my physical and mental condition none of the descriptors set out in schedule 3 applied to me.


    I feel I have a good case but really need some help putting my case together, I have never been in this position before so don't know who to turn too, would CAB be a good start, have any members got any advice or recommendations to what I should do next. I know this can be a long drawn out affair so at least it gives me plenty of time to gather as much evidence to support my appeal.

    TIA

  2. #2
    Please clarify are the documents sent you the Tribunal bundle ???, if not.
    First thing you need to do is write to them to say you intend to Appeal - have you done this ???, you have one month from date of decision letter to do so.
    YES:CAB is a very good place to seek help, do this immediately.

    YES: From what you've said here it looks to me like you have a good case, I had a similar Appeal and succeeded at hearing last month from a decision last September.

    IS THERE: A document ESA113 in the papers sent you by the DWP ???.

  3. #3
    Quote Originally Posted by davewhit View Post
    a move to Support Group needs good evidence to back up your case ask your gp if they can help also see CAB or someone like them be award that if you ask for a review which would be done before an appeal if you lose you can and it happens be found fit for work
    Thanks for the reply.

    I have an appointment with my GP in a couple of weeks, I will need to discuss this with them, I'm going to get in touch with CAB on Monday to see if they can help. I've been in touch with my charity and they are going to draft s letter containing detailed info on my illness and how it affects me on a daily level.

    Looks like my documents have been sent to the tribunal, the letter stated I will hear from them in due course.

  4. #4
    Quote Originally Posted by Jard View Post
    Please clarify are the documents sent you the Tribunal bundle ???, if not.
    First thing you need to do is write to them to say you intend to Appeal - have you done this ???, you have one month from date of decision letter to do so.
    YES:CAB is a very good place to seek help, do this immediately.

    YES: From what you've said here it looks to me like you have a good case, I had a similar Appeal and succeeded at hearing last month from a decision last September.

    IS THERE: A document ESA113 in the papers sent you by the DWP ???.
    Hi thanks for the reply - Yes, the documents are the ones they have sent to the tribunal.

    Contacting CAB on Monday.

    Not seen ESA113 document, should I have this, what is this document?

  5. #5
    ESA113: It is a document that is sometimes, but very rarely, sent to an appellants Doctor and is only used when they (the DWP) believe the appellant to be seriously ill/disabled and they do not have enough information to make a decision. Only a few people find these in their paperwork.

    If you've already received you're bundle you'ed best get you're skates on and organise you're case, there was only about 9-10 weeks between receiving my bundle and my hearing date, it soon passes.

    Good luck

  6. #6
    I had another letter through from DWP this morning, this time it's good news, they say my appeal will not be sent to an independent tribunal as the decsion has been changed in my favour, I've been placed in the SG and my circumstances will be reviewed in 2yrs. The only thing I can think of why they have looked at it again is the letter my wife/carer sent in but missed the revision date.

    Very relieved I must say.......

  7. #7
    Senior Member acheron's Avatar
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    Hi Scott glad you got the result without the added stress of a tribunal

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