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To appeal or not....?
- s.jmoore@blueyonder.co.uk
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I've only got till tomorrow morning now to decided what to do. I've gone and read the relevant descriptors in the members area and one thing stood out to me and thats wether I'd be capable of doing the work related activities without making my condition much worse and I don't believe I could. If I move around too much It makes my pain much worse and can end up making my pelvic inflammation a lot worse too, to say nothing of my chromic fatigue. I put all this in my original ESA form so tit's nothing new. The only thing is my condition fluctuates. Would that rule me out appealing on such grounds?
When It comes to the support criteria does a fluctuating condition rule you out because It has to be constant?
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- bro58
Yes I know what you mean.
I've only got till tomorrow morning now to decided what to do. I've gone and read the relevant descriptors in the members area and one thing stood out to me and thats wether I'd be capable of doing the work related activities without making my condition much worse and I don't believe I could. If I move around too much It makes my pain much worse and can end up making my pelvic inflammation a lot worse too, to say nothing of my chromic fatigue. I put all this in my original ESA form so tit's nothing new. The only thing is my condition fluctuates. Would that rule me out appealing on such grounds?
When It comes to the support criteria does a fluctuating condition rule you out because It has to be constant?
Hi JM,
Don't forget that with regard to fluctuating conditions, and being able to carry out any actions mentioned in the relevant descriptors, that, said actions by the claimant should be able to be carried out with "reasonable regularity" and "repeatedly, reliably, and safely, for the majority of the time.
Therefore any limitations suffered do not have to be constant.
If you feel pressured about submitting an appeal on GL24 within the month deadline, you do not have to go into detail on your initial submission.
Simply state that you disagree with the decision, and feel that you qualify for the support group, citing previous information that you have given.
You can then go into more detail at a later date.
Don't forget on appealing your case will be reconsidered by a different DM automatically, this can take up to 12 weeks, then if the decision is not changed, it will be sent forward to the appeals process.
You can stop this process at any time, and submit further evidence right up until the date of the actual Tribunal Hearing, which as you know could be 12 months or more from now.
If you wish to appeal don't miss the deadline because you feel that you don't have all relevant arguments to hand at present.
cheers
bro58
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- s.jmoore@blueyonder.co.uk
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- Jellybean
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My question is I am not due for my review untill around December this year I was put into the WRAG last year in June I have RA and Firbo I am back and forth to the Hospital they are still trying to find medication to help me my health is not good I am unable to walk without stopping less than 30 meters and need a walking stick I am unsure if I should apply now to see if I would qualify for the support group or should I leave it untill they send for me I also get low care DLA which again was awarded to me at the same time
cheers jellybean
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