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ESA Appeal help

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5 years 6 months ago #217165 by SteveS
ESA Appeal help was created by SteveS
hi, my wife recieved her mandority reconsideration letter today and they havent changed thier decision , full of lies and twisting the truth its very distressing. I intend on taking it to tribunal however there are two copies of the letter but there is no information about appealing.. doesnt even say how or if she can... can you help please im a bit stuck on what i need to do?

My wife is also recently pregnant and im seriously worried about her mental health during this time of appeal. She has epliespy and its got to point its so bad she cannot go out safely, she recently was awared high mobility in PIP for this reason however ESA gave her nothing under that criteria. im worried that like her last pregnancy the seizures will get worst and she will struggle with being forced to do any work related activities. if she doesn't get back in the support group her benefit will stop being paid in January as for some reason she has accrued 5 months in the working group in 2009 however we did win that appeal at tribunal and was back paid so its strange that its being counted as that.

Its strange she was given a work related activity by the work coach to go out with me 2 days a week.. that it.. i mean how can that be suitable or seen as suitable to work on getting someone back in work ( she isnt capable of working) .. she isn't capable of much more than that and i can see the work coach was setting it based on his assessment of her capabilities but its even more distressing for her now. I mean we proved that she cannot travel and the decision maker has stated he cannot consider regulation 35 based on travel to and from work related and work because she could write a CV at home!!.. sorry about this but i do wonder how on earth does anyone get in the support group anymore.. she was in it for 8 years prior to this assessment and shes worse now than she ever was.

anyway.. important thing is i need to appeal this decision so please help me.

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5 years 6 months ago #217171 by Gordon
Replied by Gordon on topic ESA Appeal help
Steve

The PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.

Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.

Re the ESA, neither the Staying conscious when awake or the Going Out activities have Support Group Descriptors, so you will have to find another route back into the SG. How did she qualify previously?

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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