Appealing an ESA decision

Hi all

I am so confused. I applied for ESA in about Feb 2010. I was put in the work related activity group. I did not mind as I thought I may one day return to work. However in recent months I have progressed to a state where I will not be able to return to work. I have MS. I am planning to appeal to get into the support group in February 2011, once I have seen my neurologist and MS nurse. Can i do this.

So bearing in mind I do not have my medical appointments until Dec and feb.. would you say it is best to wait until I have them.. so I will have evidence from the medical professionals who I deal with. I can wait if nescessary. I just wish to be in the support group. Whether that is tomorrow or in March of 2011, I do not mind. Thank you.

I would strongly recommend you see a local advice centre because it is important you make well informed decisions about your tactics because doing anything that puts you into a WCA that you were not expecting to need to have (by reclaiming ESA) could lead to you having a dispute even about entitlement.

Obviously you need to look at the criteria and speak with your doctors/MS nurse as well so that you are sure you have a good case, but I recommend you arrange advice locally

In the meantime the guides available from this page will prove informative and helpful

I have 100% backup from my doctor and MS nurse.. The neurologist I will be seeing in December is a new one so I do not know how he will be. The bottom line is I have done the ESA on the Ben. and Work website and scored 129points. I will fly through this part. I fulfill at least 3 of the descriptors for the support group so I have concluded that I should be in the support group. It is not a question of money as I have more than enough of that. It is a question of what is right here. All the medical people WILL back me. I have MS which is progressive and incurable. All I want is what is right. That is me being put in the support group. Should I wait until after Feb 2011, which is when my appointment with my MS nurse is. That is my question. I will be re-applying to make a wrong.. right.. I hope you understand my point. I am not very good at explaining myself. Thanks for your input. I do not understand about seeing anyone with regards to this. I filled out my DLA forms without advice. I get high rate for mobility and middle rate care.

I think you have explained it very well actually. It looks positive from the perspective of the objective of getting asccepted in the support group

It is a decision only you can make and just to be on the safe side I would get a local advice agency to look at the paperwork and advise you in person.

Sometimes advice agencies will write a letter for you to back your objective if as seems to me here, there would be little purpose in the formality of another WCA