ESA Support group and new evaluation?

Hello All,

Here is my situation.

I have been suffering with a bad back and numb legs for the last 4 years, im a HGV driver but just carried on with it until my pain got unbareable...


So last Sept I applied for ESA, I was sent a ESA50 form, filled it out and returned it..

I was then sent to see a nurse at a Medical.

I completed the medical and secretly recorded the whole thing just for reference.

Got my paperwork back from ESA and I failed with 12 points.

The nurse said I did all of the excersises no problem (I did not do one excersie at all) And I had no neurological problems on my legs( She did not check, I have numb patches all over and no reflex in my left ankle.)

And basically its a backache or it might of aswell been...

Anyway went to appeal against them and have a friend who is a solicitor to represent me, also with the appeal form sent in my MRI findings...

They sent a letter a few weeks later saying they have relooked at the evidence and changed the decision into my favour.


I got ESA and put into the WRAG.
I sent a letter back in to the decision maker saying I have all these problems, the nurse filled the sheet in with inaccuracies and if I was to goto work presently I would more likely injure myself or someone around me.

They sent me a letter saying they have put me in the support group!

Ok 6 months later a ESA50 form has turned up, what do I do? Will I lose being in the support group? my condition is worse and since last year I have also had my very first seizure.. And spent the last 12 months visiting doctors and consultants... As evidence I have kept all appointments and all clinical letters...

But this is my main concern will I lose Support group? Will they have to come up with a good reason to put me in work group and taking me off support if that is the case?

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Any help would be appreciated.

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Hi Subplay

Unfortunately it has become an endless cycle for many claimants and appeals are becoming a routine part of the claim procedure. The only comfort I can offer is that if you successfully managed to get into the support group and you condition hasn't improved, there is no reason to think that you will not get there again. You also know what information you require to satisfy the DWP.

Naturally you need to make it clear that your condition has not improved and actually worsened. I would expect they would have to show persuasive evidence that this is not the case to convince a tribunal that you no longer should be in the SG and this may be an uphill task for the DWP.

Good luck

Derek

Derek4 wrote:

Hi Subplay

Unfortunately it has become an endless cycle for many claimants and appeals are becoming a routine part of the claim procedure. The only comfort I can offer is that if you successfully managed to get into the support group and you condition hasn't improved, there is no reason to think that you will not get there again. You also know what information you require to satisfy the DWP.

Naturally you need to make it clear that your condition has not improved and actually worsened. I would expect they would have to show persuasive evidence that this is not the case to convince a tribunal that you no longer should be in the SG and this may be an uphill task for the DWP.

Good luck

Derek

I think its supposed to be an endless cycle.... in the past people have gone years and years without being seen now they want to get to the situation where people are on first name terms with atos staff and make sure no ones left on the scrap heap.. (DWP Speak)

or could it be if they test people every six months they will get fed up of being on esa even if not well enough for work ? ? ?