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ESA Appeal
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6 years 1 month ago #208467 by MissK
ESA Appeal was created by MissK
Hi I have been in the support group for three years, I am contribution based, I had my medical in December which was awful, the assesor told me I wasnt terminally ill, or disabled so she could have me sat on as stool packing bananas, I was mortified, she said my hair looked nice had I done it my self, and I did have a little bit of make up, that was something else she picked up on, but I did go looking presentable, big mistke obviously and it just went from bad to worse , and as expected she found me fit for work.
I hav severe artritus in my hips and spine, lumbar spondylosis, and severe degenerative disc disease, which I have had for many years and it wont get better,
I wont bore you with all the inaccuracies shewrote on her report.
So I did a manadortory reconsideration but failed that as well, I have now appeled to the tribunal, but I dont have a hearing date yet, but yesterday I got a Big brown envelope full with my report amd all the reasons why they think I can sit and stand, and walk, which are all virtually imnpossible for me to do for the ammount if they say,
I admit it all seems very scarey and I am extremely nervous about it all and wonder if I can go through with it, but I think I cant lose anymore they have already stopped my payments, that is another question should I still be able to clim anything as I was contribution based, I worked for over 30 years and nevr claimed anything in all that time.
They have asked I still send in Doctors notes which I have, my doctor doesnt think I am to work and has sent a letter stating the reasons, but that made no difference.
Any help you can give me re the tribunal and what to expect, and is it worth putting myself through the ordeal I I would be very grateful thankyou.
I hav severe artritus in my hips and spine, lumbar spondylosis, and severe degenerative disc disease, which I have had for many years and it wont get better,
I wont bore you with all the inaccuracies shewrote on her report.
So I did a manadortory reconsideration but failed that as well, I have now appeled to the tribunal, but I dont have a hearing date yet, but yesterday I got a Big brown envelope full with my report amd all the reasons why they think I can sit and stand, and walk, which are all virtually imnpossible for me to do for the ammount if they say,
I admit it all seems very scarey and I am extremely nervous about it all and wonder if I can go through with it, but I think I cant lose anymore they have already stopped my payments, that is another question should I still be able to clim anything as I was contribution based, I worked for over 30 years and nevr claimed anything in all that time.
They have asked I still send in Doctors notes which I have, my doctor doesnt think I am to work and has sent a letter stating the reasons, but that made no difference.
Any help you can give me re the tribunal and what to expect, and is it worth putting myself through the ordeal I I would be very grateful thankyou.
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- Gordon
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6 years 1 month ago #208486 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Appeal
MissK
If your GP issues you with a Fit Note then you can ask for your ESA to be reinstated at the Assessment Rate until a hearing is held, a letter won't do, it has to be a Fit Note.
You mention two of the ESA activities, Moving Around and Standing and Sitting;
First for Moving Around, ESA is not a walking test, it is a Mobility test! In addition to your walking it considers your ability to self-propel a manual wheelchair over the same distances, you do not need to be using a wheelchair or even to own one for it to be considered. SO even if you can show your walking is restricted, unless you can also show that you cannot self-propel the wheelchair you will still not score points.
For Standing and Sitting be aware that it is the time you remain at the virtual workstation that is being considered not the time that you can stand or sit or stand and sit.
Our ESA Claim guides have a fuller explanation of the criteria you will need to show that you meet for an award.
Do you know how you qualified for the SG previously?
Whilst staged, the following is a video of an ESA appeal produced by the Ministry of Justice.
MOJ Video of ESA Appeals Process and Tribunal
Gordon
If your GP issues you with a Fit Note then you can ask for your ESA to be reinstated at the Assessment Rate until a hearing is held, a letter won't do, it has to be a Fit Note.
You mention two of the ESA activities, Moving Around and Standing and Sitting;
First for Moving Around, ESA is not a walking test, it is a Mobility test! In addition to your walking it considers your ability to self-propel a manual wheelchair over the same distances, you do not need to be using a wheelchair or even to own one for it to be considered. SO even if you can show your walking is restricted, unless you can also show that you cannot self-propel the wheelchair you will still not score points.
For Standing and Sitting be aware that it is the time you remain at the virtual workstation that is being considered not the time that you can stand or sit or stand and sit.
Our ESA Claim guides have a fuller explanation of the criteria you will need to show that you meet for an award.
Do you know how you qualified for the SG previously?
Whilst staged, the following is a video of an ESA appeal produced by the Ministry of Justice.
MOJ Video of ESA Appeals Process and Tribunal
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- MissK
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6 years 1 month ago #208505 by MissK
Replied by MissK on topic ESA Appeal
Thankyou Gordon but how do you show that you cannot self propel a wheel chair, if youve never had one, that has to be the most stupid thing Ive heard its all very confusing, is not the time spent at the virtual work staion not the same as the time you can stand or sit, its all time,
I think basically they just dont wany anybody to claim anything
The last time I was put in the support group I attended the same sort of medical and my condition is no better if anything its worse, but I was put in the support group.
I think basically they just dont wany anybody to claim anything
The last time I was put in the support group I attended the same sort of medical and my condition is no better if anything its worse, but I was put in the support group.
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- Gordon
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6 years 1 month ago #208524 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Appeal
Missk
There are three arguments against the use of a wheelchair
- You suffer physical restrictions that would prevent you using a wheelchair. For example; Arthritis in the hands, wrists of shoulder.
- You have conditions that would indirectly prevent your using a wheelchair. For example angina of asthma.
- Logistical problems would prevent he usage, however, this argument has been significantly devalued by a UTT Decision which suggests that the wheelchair could be stored at the workplace. This obviously ignores the issue of how the claimant gets to and from work, it can be argued against but issues such as ramps at home have been to a considerable extent negated.
Gordon
There are three arguments against the use of a wheelchair
- You suffer physical restrictions that would prevent you using a wheelchair. For example; Arthritis in the hands, wrists of shoulder.
- You have conditions that would indirectly prevent your using a wheelchair. For example angina of asthma.
- Logistical problems would prevent he usage, however, this argument has been significantly devalued by a UTT Decision which suggests that the wheelchair could be stored at the workplace. This obviously ignores the issue of how the claimant gets to and from work, it can be argued against but issues such as ramps at home have been to a considerable extent negated.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: MissK
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- MissK
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6 years 1 month ago #208536 by MissK
Replied by MissK on topic ESA Appeal
Is the wheel chair something that would come up at my tribunal, Ive hever heard of it before.
Also it is a sick note Ive sent in, but when I asked about reinstating my benefit they said because Im contribution based it wouldnt apply to me, so why do I still need to send in sick notes, sorry for all the questions
Also it is a sick note Ive sent in, but when I asked about reinstating my benefit they said because Im contribution based it wouldnt apply to me, so why do I still need to send in sick notes, sorry for all the questions
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6 years 1 month ago #208541 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Appeal
MissK
If you are hoping to score points for the Moving Around activity then you will need to deal with the wheelchair at your appeal.
Have you spent more than 365 days on ESA(CB)? If you have and you were not in the Support Group then you cannot receive further payment of ESA(CB), however if you are eligible for Income Related ESA then you can be paid.
Don't worry about the questions.
Gordon
If you are hoping to score points for the Moving Around activity then you will need to deal with the wheelchair at your appeal.
Have you spent more than 365 days on ESA(CB)? If you have and you were not in the Support Group then you cannot receive further payment of ESA(CB), however if you are eligible for Income Related ESA then you can be paid.
Don't worry about the questions.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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