To appeal or not....?

I was one of those who was awarded ESA WRAG without a medical, but reading through the support group info I'm still in two minds about wether I should contest this and appeal for the support group. Trouble is I'm fearful of going though all of that any risking having my original award taken away.

Have there been many instances of that happening at all? I know everyones different but anyone know?

Also do you have to have a medical to appeal or is it just based on written evidence from consultants and your GP etc?

My health issues involve chronic pelvic pain which hinders my being able to walk far and sit for long periods, and fatigue and incontinence problems and yet I'm always aware that from an outsiders pov I probably look perfectly healthy, even when I'm at my worst.

I only have until the end of this week to get an appeal in If I go for that, and yet I still can't make my mind up.

Hi Just Me

If you are going to appeal it's vital that you submit your GL24 form before the deadline. You can always withdraw your appeal if you change your mind and you will have plenty of time to think about it.

Concerning having your award taken away, see the thread below.

www.benefitsandwork.co.uk/forum?func=vie...imit=6&start=6#67955

Hope this helps

Derek

If you withdraw does that look bad on your existing claim? I mean would It trigger a review or medical or some such?

Just Me wrote:

I was one of those who was awarded ESA WRAG without a medical, but reading through the support group info I'm still in two minds about wether I should contest this and appeal for the support group. Trouble is I'm fearful of going though all of that any risking having my original award taken away.

Have there been many instances of that happening at all? I know everyones different but anyone know?

Also do you have to have a medical to appeal or is it just based on written evidence from consultants and your GP etc?

My health issues involve chronic pelvic pain which hinders my being able to walk far and sit for long periods, and fatigue and incontinence problems and yet I'm always aware that from an outsiders pov I probably look perfectly healthy, even when I'm at my worst.

I only have until the end of this week to get an appeal in If I go for that, and yet I still can't make my mind up.

Hi,

Sadly only you can make that decision.

The chances of having your current award removed are slim, but they are there.

Also, either as part of the reconsideration, or at the appeal tribunal the panel may adjourn pending you having a medical in order to help come to a decision on your entitlement to the Support Group. Of course they may not request a medical and base the decision on the paperwork alone.

As ESA and in particular being placed into either group without a medical is so relatively new, it is difficult to obtain meaningful statistics, or even to get a feel as to how these things eventually pan out.

The only real advice is to go through the criteria (descriptors)in depth preferably with a Welfare Rights Adviser, to both establish that you should at least qualify for the WRAG and assess your chances of moving into the support group.

You can request an appeal and cancel it at any time, but do be mindful that although a slim possibility, you could lose what you have been awarded at the reconsideration stage.

If an appeal tribunal were thinking of removing an existing award, they should warn you of that possibility and give you the chance to withdraw your appeal.

Pete

Edit - sorry to both above but neither post was there when I started typing.

Pete

Just Me wrote:

If you withdraw does that look bad on your existing claim? I mean would It trigger a review or medical or some such?

No. People change their minds about appealing for all kinds of reasons. Given that the deadline of one month often falls before a claimant has even received the documents and reasons for the award it is perfectly reasonable to lodge an appeal while undecided and if necessary, withdraw the appeal later.

Thanks for that. I'm a dreadful worrier and I suspect that I will play it safe and not appeal. The only thing thats concerning me though is all these work related activities I'm meant to do when I can't sit or walk without making my pain worse.

I don't get how they can 'pass' me so to speak and yet not take that on board.