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esa ,

  • daisydare
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12 years 6 months ago #66886 by daisydare
esa , was created by daisydare
hi all please be gentle with me . i have received my medical report and have been deemed fit for work scoring no points :( it says on my form that i should be able to return to work within three months !! i have asked for a oral appeal to be heard . as the report contains several inaccurate things. my other problem is i am a carer for my 26 old daughter who is with me 24/7 ,i have been told by a friend that because of this i will continue to get income support . is this right ? have i done the right thing in appealing ? please help any advice woul be good as im so distressed at the moment i cant think straight :(

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12 years 6 months ago #66892 by Gordon
Replied by Gordon on topic Re:esa ,
daisydare

You need to speak to your local CAB and/or Welfare Rights office with regard to what benefit payments you are entitled to, as I would expect there to be conflicts in the payment of ESA, Income Support and Carers Allowance at the same time, which we could not resolve in the forum.

With regard to the appeal, if you believe you meet the requirements to receive ESA, and your GP is prepared to support you with Fit notes while you appeal, then you should certainly consider doing so.

To appeal you need to complete and return within a month of the date on the ESA Decision, a GL24 appeal form.

There is an ESA Appeals guide in the Members Only area that describes the appeal process and how to collect and submit evidence.

This is something you should also raise with the CAB or a WRO.

If we can help with more information, please come back to the forums.

Gordon

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

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  • Andy
12 years 6 months ago #66910 by Andy
Replied by Andy on topic Re:esa ,
daisydare wrote:

i have received my medical report and have been deemed fit for work scoring no points :( it says on my form that i should be able to return to work within three months !!

Hi, Daisydare

This is exactly what I got and it was RUBBISH. Lots of others,too. You are not alone. The system is well and truly screwed up so do NOT take it personally!!! The success rate on appeal is really good.

The Appeal Guide in the members area is very helpful. Once you've read that, anything you're unclear about you can get help here on the forum.

I'm not sure from what you write whether you have actually submitted your appeal letter. You have the option to stay on ESA at 'assessment rate' while your appeal is processed, and it's worth saying in writing that's what you want to do when you send in your appeal. It is backdated, so you shouldn't lose out if you take a few weeks to submit your appeal - but make sure you get the appeal sent within the one month limit.

You say you have your medical report (ESA85). Did you also get the ESA85S ("Personalised Summary Statement")? This is supposed to explain the ATOS person's reasons whenever his/her findings differ from your own description (e.g. given in the ESA50). This has been added recently in an attempt to stop mindless box-ticking. Well worth checking what it says for potential appeals material!

Good luck.
Andy.

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  • pata1
12 years 6 months ago #66977 by pata1
Replied by pata1 on topic Re:esa ,
daisydare wrote:

hi all please be gentle with me . i have received my medical report and have been deemed fit for work scoring no points :( it says on my form that i should be able to return to work within three months !! i have asked for a oral appeal to be heard . as the report contains several inaccurate things. my other problem is i am a carer for my 26 old daughter who is with me 24/7 ,i have been told by a friend that because of this i will continue to get income support . is this right ? have i done the right thing in appealing ? please help any advice woul be good as im so distressed at the moment i cant think straight :(


Your post hasn't been locked. The forum is locked from 6.00 pm Friday to 10.00 am on Monday in order to give moderators a rest at weekends due to the high volume of posts we receive.

Pat

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12 years 6 months ago - 12 years 6 months ago #66983 by Crazydiamond
Replied by Crazydiamond on topic Re:esa ,
Just to add to what Pat has said, the forum does not form part of a member's subscription to B & W, and is provided as a courtesy in addition to the other information at a member's disposal. I should also take this opportunity to remind members of the use of "Report to Moderator" function as detailed in the emboldened print within the thread.

Subscription queries as mentioned in a recent RTM message are of no concern or the responsibility of the moderators, and any questions regarding subscriptions should be addressed directly to the site owner Steve Donnison at This email address is being protected from spambots. You need JavaScript enabled to view it.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 6 months ago by Crazydiamond. Reason: Additional information.

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