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ESA Supersession

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8 years 4 months ago #147120 by Bill
ESA Supersession was created by Bill
Hi,
First post so here we go.
Following a successful career of 34 years I had a heart attack, and the following year underwent a heart transplant. There was loads of problems and complications post transplant.. but we don't have the time or space for that.
I was left with severe breathlessness which limited me, and so I was placed on Incapacity Benefit and Income Support. No problem!!
And after.. around nine years or so "they" started stirring the hornets nest, and the next thing I know I'm on ESA WRAG.
So I phone the guy (and he seemed plausible) to ask why I hadn't been allocated to the support group. His reply was, and I quote..." yea it's only the terminally ill and the mentally unwell that get onto that group."
Well that was that,... I actually felt blessed that I had been placed in the WRAG!!

Fast forward two years on the work program. I'm not going to say it was horrible because it was ok, but totally pointless. It was recognised in very short order that it would be a challenge to get me back into employment... but I was soon seen to be a lost cause.

In the meantime my health was spiralling downward (another heart attack and my transplanted heart has now developed a nasty incurable disease (Cardio Allograft Vasculopathy)www.benefitsandwork.co.uk/media/kunena/emoticons/sad.png

But wait for this!!.... I've completed my two years on the work program and been re-referred to the jobcentre. Now bearing in mind they, (JC+) know all about my heart problems.. they now seem to think that sending me on workfare and training is in my best interests.
And it's for this reason that I've submitted a supersession request.
This should give them the chance to do the right thing but I won't be holding my breath.
I forgot to add....I'll be 61 in February, and common sense would dictate that prospective employers will be searching for younger and heathier stock....

I'll keep the forum informed of any progress
Best Wishes....Bill.

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8 years 3 months ago #147142 by Gordon
Replied by Gordon on topic ESA Supersession
Bill

Requesting your claim be looked at again will result in a new ESA50 being issued and your will likely have to attend a new face to face assessment. Make sure you use the latest ESA Claim guides to complete the new form and remember that this is a full re-assessment of your claim so you need to complete the form in detail and provide supporting evidence as you can.

www.benefitsandwork.co.uk/help-for-claimants/esa1

Gordon

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

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8 years 3 months ago #147173 by Bill
Replied by Bill on topic ESA Supersession
Thank you Gordan,
I've been lurking around here for a few months now and have already submitted my electronic version of the ESA50.
I've gleaned as much information as possible from your excellent guides, and they have led me to conclude that I should qualify under the mobilising descriptor.
I have also invoked regulation 35 as due to my heart being de-nervated therefore giving no warning of impending angina or heart attack, any stress could prove to be fatal.
Sadly many sufferers of Cardio Allograft Vasculopathy die of a heart attack before havind the chance to present themselves to a hospital,...Indeed I was unaware that I had suffered a second heart attack and it was only due to my annual MRI scan that it became apparent.

Bill.

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8 years 3 months ago #147182 by Gordon
Replied by Gordon on topic ESA Supersession

Bill wrote: Thank you Gordan,
I've been lurking around here for a few months now and have already submitted my electronic version of the ESA50.
I've gleaned as much information as possible from your excellent guides, and they have led me to conclude that I should qualify under the mobilising descriptor.
I have also invoked regulation 35 as due to my heart being de-nervated therefore giving no warning of impending angina or heart attack, any stress could prove to be fatal.
Sadly many sufferers of Cardio Allograft Vasculopathy die of a heart attack before havind the chance to present themselves to a hospital,...Indeed I was unaware that I had suffered a second heart attack and it was only due to my annual MRI scan that it became apparent.

Bill.


You say you have submitted an electronic copy of the ESA50, was this in response to a paper one being issued by Maximus?

If not then I think you have got ahead of yourself! Have you written to the DWP requesting a re-assessment of your claim due to a deteriorated condition?

If you haven't and the ESA50 is your way of making the request then you may have wasted the paper :(

If you have sent it to the DWP, then they are unlikely to process it as Maximus deal with this. If you have sent to Maximus then they will not process it unless they have previously been sent your file by the DWP for re-assessment.

Gordon

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

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8 years 3 months ago #147191 by Bill
Replied by Bill on topic ESA Supersession
Hi Gordon,
I sent in a written appeal letter to the ESA reconsideration team informing them of a deterioration of my health and duly received the ESA50 in the post.
I had been filling in the ESA50 on my computer in preparation of the written version arriving, I then sent the computer version back in the envelope that was provided. I trust this will be acceptable to the powers that be.
It's only three weeks since I posted the document so I expect to have quite a wait ahead.

Bill.

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8 years 3 months ago #148432 by Bill
Replied by Bill on topic ESA Supersession
And there we have it,
Five weeks to the day since posting there it was sticking out of the letterbox.
Three plus years of inconsistency and uncertainties at and end with the words quote "you have been moved into the support group from the WRAG".
So I phoned the number and eventually got to speak to a very nice lady who told me I had been awarded the support group for the maximum time of two years??? I didn't question that even though I think the maximum for the support group is three years.
I then asked for a copy of the ESA85A to be sent out but she became confused as to what that was, and when I explained that it would have the DMs report as to why I was placed in the SG she thought I was trying to appeal the decision?? I told her just to forget the ESA85A.

Just the migration to PIP now and a bit of a dilemma.. do I start the ball rolling and make the phone call or do I let sleeping dogs lie.
Bill.

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