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Appealing an ESA decision

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13 years 4 months ago #33422 by Tim
Appealing an ESA decision was created by Tim
Hi all

I am so confused. I applied for ESA in about Feb 2010. I was put in the work related activity group. I did not mind as I thought I may one day return to work. However in recent months I have progressed to a state where I will not be able to return to work. I have MS. I am planning to appeal to get into the support group in February 2011, once I have seen my neurologist and MS nurse. Can i do this.

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13 years 4 months ago #33438 by Gordon
Replied by Gordon on topic Re:Appealing an ESA decision
Tim

You can't appeal the decision as too much time has elapsed (normally four weeks).

However, you can re-apply for ESA based on the fact that your condition has deteriorated, but it will mean filling in a new ESA50 and probably having to attend another WCA.

The Support Group is not points based, so you will need to meet one or more of the entry criteria, which can be found in the Understanding ESA document in the members section.

Hope this helps

Stephen

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

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13 years 4 months ago #33453 by Tim
Replied by Tim on topic Re:Appealing an ESA decision
So bearing in mind I do not have my medical appointments until Dec and feb.. would you say it is best to wait until I have them.. so I will have evidence from the medical professionals who I deal with. I can wait if nescessary. I just wish to be in the support group. Whether that is tomorrow or in March of 2011, I do not mind. Thank you.

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13 years 4 months ago #33458 by DRAGON2009
Replied by DRAGON2009 on topic Re:Appealing an ESA decision
I would strongly recommend you see a local advice centre because it is important you make well informed decisions about your tactics because doing anything that puts you into a WCA that you were not expecting to need to have (by reclaiming ESA) could lead to you having a dispute even about entitlement.

Obviously you need to look at the criteria and speak with your doctors/MS nurse as well so that you are sure you have a good case, but I recommend you arrange advice locally

In the meantime the guides available from this page will prove informative and helpful

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13 years 4 months ago #33463 by Tim
Replied by Tim on topic Re:Appealing an ESA decision
I have 100% backup from my doctor and MS nurse.. The neurologist I will be seeing in December is a new one so I do not know how he will be. The bottom line is I have done the ESA on the Ben. and Work website and scored 129points. I will fly through this part. I fulfill at least 3 of the descriptors for the support group so I have concluded that I should be in the support group. It is not a question of money as I have more than enough of that. It is a question of what is right here. All the medical people WILL back me. I have MS which is progressive and incurable. All I want is what is right. That is me being put in the support group. Should I wait until after Feb 2011, which is when my appointment with my MS nurse is. That is my question. I will be re-applying to make a wrong.. right.. I hope you understand my point. I am not very good at explaining myself. Thanks for your input. I do not understand about seeing anyone with regards to this. I filled out my DLA forms without advice. I get high rate for mobility and middle rate care.

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13 years 4 months ago #33466 by DRAGON2009
Replied by DRAGON2009 on topic Re:Appealing an ESA decision
I think you have explained it very well actually. It looks positive from the perspective of the objective of getting asccepted in the support group

It is a decision only you can make and just to be on the safe side I would get a local advice agency to look at the paperwork and advise you in person.

Sometimes advice agencies will write a letter for you to back your objective if as seems to me here, there would be little purpose in the formality of another WCA

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