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ESA to WRAG 1 month 2 weeks ago #167822

Hi, Gorden

The problem I have is the DM States several times that the HCP(nurse) opinion is more important than the opinion of my specialist hospital consultant. I would love to return to work! I didn't give up work. An ATOS assessment in 2004 found me unfit to work. Since 2004 I've been for a wca every three years. This includes three ESA assessments(each ESA claimed the reason for assessment was moving from IB(incapacity benefit) to ESA. Despite moving from IB around 2008/9 to ESA.

I wish I could make a claim against the DWP/assessors for loss of earnings due to the DWP continually moving the goal posts! I didn't give up my job £40,000 a year for a £4000 a year benefit.

My driving license has been revoked due to the substantial risk I pose to myself and others because of my disease/illness. The DWP recognise that I have mental and physical disabilities. However, the DM States I need to be in a 24 hr state of mental and physical disability.
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ESA to WRAG 1 month 1 week ago #167847

  • Gordon
  • Forum Moderator

If you are going to go down the Reg.35 route at appeal then you will need to show that there is a significant risk of harm to you or others if you are required to perform the activities that the DM has listed on their reply.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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ESA to WRAG 2 weeks 34 minutes ago #170260

Update: Recently I've requested an appeal under the SSCS process and the HM Courts & Tribunals service have acknowledged my appeal. Great news for me as I nearly missed the 'cut off date' due to the DWP sending my M.R failure letter a week later than the post date on their letter.

I.e cutting my appeal time from four weeks to three weeks!

The criteria for appeals clearly states : The time allocated for your appeal is from the date the letter is sent and not the date the letter is received unless there is a postal strike etc.
The administrator has disabled public write access.
Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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