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Anytime Revision ESA
- Rich64
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6 years 10 months ago #190599 by Rich64
Anytime Revision ESA was created by Rich64
Hi I am looking for advice on an ESA anytime revision and if it is possible for me to do this.
I was on IB and had a medical where I scored 15 points in Jan 2013 but the DM made a decision that I did not have limited capability to work related activity so was not entitled to ESA .I took it to the tribunal and lost on that . I have always felt and stated to the DM and Tribunal that the DM failed to take into account the effect of my illness had on me even though they had a GP letter stating the problems and restrictions it placed on my body and have since had two operations since to try to ease the problem. I did go to two job focus appointments at the job centre but they also felt that their would be no work suitable for me taking into account my numerous health conditions and so my husband took on an extra shift at work to cover the loss of my IB. I recently seen an comment about anytime revision of ESA claims and want to know if this is something I could do and get a letter of support from my consultant to confirm the problems the GP stated were present in 2013 and would have caused me to be in severe pain and at risk of causing more problems to my health if I had worked. Thank you
I was on IB and had a medical where I scored 15 points in Jan 2013 but the DM made a decision that I did not have limited capability to work related activity so was not entitled to ESA .I took it to the tribunal and lost on that . I have always felt and stated to the DM and Tribunal that the DM failed to take into account the effect of my illness had on me even though they had a GP letter stating the problems and restrictions it placed on my body and have since had two operations since to try to ease the problem. I did go to two job focus appointments at the job centre but they also felt that their would be no work suitable for me taking into account my numerous health conditions and so my husband took on an extra shift at work to cover the loss of my IB. I recently seen an comment about anytime revision of ESA claims and want to know if this is something I could do and get a letter of support from my consultant to confirm the problems the GP stated were present in 2013 and would have caused me to be in severe pain and at risk of causing more problems to my health if I had worked. Thank you
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6 years 10 months ago #190618 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Anytime Revision ESA
H
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
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I'm afraid I think this is very unlikely to be successful.
For an Anytime Revision to occur, the DWP have to accept that an error was made in the making of the original Decision and nothing in your post suggests that this is the case.
ESA has specific criteria that need to be met for an award, from your post you were assessed, a Decision was made by the DWP that you did not meet that criteria and upheld by a Tribunal panel.
Again from your post, the DWP appear to have had knowledge of your conditions at the time and either did not feel that they did not meet the ESA criteria or did not to sufficient degree to warrant an award.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
I'm afraid I think this is very unlikely to be successful.
For an Anytime Revision to occur, the DWP have to accept that an error was made in the making of the original Decision and nothing in your post suggests that this is the case.
ESA has specific criteria that need to be met for an award, from your post you were assessed, a Decision was made by the DWP that you did not meet that criteria and upheld by a Tribunal panel.
Again from your post, the DWP appear to have had knowledge of your conditions at the time and either did not feel that they did not meet the ESA criteria or did not to sufficient degree to warrant an award.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Rich64
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6 years 10 months ago #190694 by Rich64
Replied by Rich64 on topic Anytime Revision ESA
Thank you or your reply here is the reasons why I feel that when looking through the LT54 Conversion decision (LCW placed in WRAG) letter the DM only states 3 of my medical conditions when on my form their is 6 medical conditions that contribute to my physical disability. One of the medical conditions is Ischial Bursitis which is a condition that causes pain in the buttock and is characterized by tissue damage and inflammation to the ischiogluteal bursa, but on the form they have put Ischial Bursitis to LT leg. I feel that they have dismissed the arthritic conditions that I have and also the neuropathic pain that I have as these have not been stated on the LT54 form even though the Drs letter states I have these conditions. Would this be classed as an error that there is specific evidence that the DM had but which failed to take into account even though it was relevant?
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- Gordon
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6 years 10 months ago - 6 years 10 months ago #190728 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Anytime Revision ESA
Rich
There are two issues!
ESA considers the claimants limitations rather than the conditions that they suffer from, you presumably documented these in the ESA50 you completed.
Secondly, the LT54 was available to you when you appealed and you did not raise the issue then or if you did then the Tribunal panel did not feel it relevant and/or significant. If you felt that they had not taken adequate notice of the information then you had the option of pursuing the matter further.
So based on what you have posted I can see no Error.
Gordon
There are two issues!
ESA considers the claimants limitations rather than the conditions that they suffer from, you presumably documented these in the ESA50 you completed.
Secondly, the LT54 was available to you when you appealed and you did not raise the issue then or if you did then the Tribunal panel did not feel it relevant and/or significant. If you felt that they had not taken adequate notice of the information then you had the option of pursuing the matter further.
So based on what you have posted I can see no Error.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 6 years 10 months ago by Gordon.
The following user(s) said Thank You: Rich64
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