ESA decision and appeal

I was medically retired from the Civil Service in July 2010. Two former employers have confirmed in writing that they would have retired me had I still been in their employ.

Following my claim for ESA I had the medical assessment and have been put into the limited work capacity group.

I intend to appeal the decision on the grounds that the healthcare professional conducting the assessment did not take into account the medical evidence I produced from specialists in their field, instead he took excessive interest in my incontinence and completely ignored my physical disabilities in a seven minute examination, most of which was spent looking at my surgical scars.

Why I am so confused and angry at this decision is that DWP medically retired me on grounds that I had no capability for future employment yet ATOS for DWP say I can work!

I ahve taken the online test and score 90 points. I am in receipt of DLA at higher rate for care and mobility and also have a lifetime award of Industrial Injury Disablement Benefit.

Any assistance in formatting my appeal would be most welcome.

There's a detailed guide to ESA appeals here. www.benefitsandwork.co.uk/help-for-claimants/esa

We can't advise you on how to word your appeal, but we can help with general queries. Take a look at the info on appeals above and if you've got further queries, we'll see if it's something we can help with.

You have a right of complaint to ATOS about the conduct of the medical examination. You can contact their customer service department if you feel the examination was not conducted appropriately.

Your grounds of appeal presumably are that you felt you should be placed in the support group for ESA, as you mention you
have been put in the work related activity group. This would be the only worthwhile appeal objective as I see it. Remember that appeals can (this is theory, it doesnt sound likely in your case) lead to a reverse of the decision, and so at least in theory you could lose your ESA

I would seek advice from a local advice agency, and please do get a copy of your medical report from ATOS to take with you to any appointments.

Many thanks, this matter is causing me a lot of worry.

definately, those guides are excellent

Take comfort from the high success rate of ESA appeals. Aboit 4 out of 10, and remember quite a few appeals (the losing ones) will be speculative 'gut reaction' indignant challenges from understandably dismayed claimants who have not had advice and do not know the criteria, and so their chances of identifying good grounds and advocating effectively are limited.

The guides are a excellent source, not only for you, but for your advisor to see when you speak to one and also so you can explain your issue to the GP, the thinbg you would like him to confirm and how it would help you with your case to avoid being harangued by a work related activity regime