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Success BEFORE appeal - so relieved

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12 years 4 months ago #74192 by glitterbug333
Success BEFORE appeal - so relieved was created by glitterbug333
Hi there everyone...I just wanted to share my news with you because I wanted other people to know that there IS some kind of hope when you feel that you have been treated unfairly with a decision..

Basically to cut a very long story slightly shorter...I was transferred from incapacity benefit to ESA...got called in for a medical....attended the medical and saw a doctor that seemed very helpful and seemed to almost put the 'right' answers in my mouth by the way he phrased the questions.

I suffer with spondylosisthesis and sciatica and depression/anxiety...and after reading the descriptors in the guides on this site I felt that I should be placed in the support group.

However, I received a letter saying that they had placed me in the WRAG group.

I followed the advice of the guides on this site and I immediatley appealed the decision. I wrote a letter explaining exactly what I was appealing and gave a list of very detailed and specific reasons of why I felt I matched the criteria for the support group.

I gave several examples such as 'I cannot walk for more than 3 or 4 metres without assistance and without stopping due to severe pain, which would have been very clear to the ATOS doctor because he could see that I could not rise from the chair in the waiting room unassisted, and I had to stop several times on the way to his room which he commented on'....

I also pointed out that I had requested a written explanation of the decision and that I would probably be appealing on further grounds once I had received all the paper work.

I posted the forms by recorded delivery and waited for a letter to confirm they had received my appeal...when no letter came I phoned and was told that they hadnt received them...however, as soon as I told them that the royal mail site showed that the forms had been delivered, they miraculously turned up the same day!

While waiting for an appeal date I was called in for my first work focus interview at the job centre. I phoned and explained that I was appealing and that I was in no way physically or mentally well enough to attend.

They offered to conduct the interview over the phone and postpone futher interviews until I heard about my appeal.

This was a huge relief for me as I had been dreading attending yet another benefit related interview because they are so stressful as you all know, especially if you suffer with panic attacks etc.

I was preparing myself for the months and months of worrying and waiting for a tribunal...but then I had a shock...

I had a letter to confirm that the decision had been looked at again and that there would be no need for further evidence or a tribunal...I had ben placed in the support group!

Obviously I have no idea how long this will last and I fully expect them to review my case again in the near future...but at least this has given me hope that I can actually get somewhere by making the effort to argue my point, and I will do this again in the future if I need to rather than just accepting their decisions.

I hope that this will give more of you to determination to fight for a fair decision...and I have to add that if it hadnt been for the guides on this site I would not have known where to start with the appeal or how to get the right points across...so thank you very much!

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  • RachelPotter
12 years 4 months ago #74194 by RachelPotter
Replied by RachelPotter on topic Re:Success BEFORE appeal - so relieved
Congratulations! :)

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12 years 4 months ago #74203 by Bamboozal
Replied by Bamboozal on topic Re:Success BEFORE appeal - so relieved
Hi
Congratulations on your appeal.
I too am going thro the same process as you,
I too have had to postpone my WFI...could you tell me how long from your chat with the jobcentre regarding your WFI was it until you received your support group letter?
Many thanks

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  • Catherine
12 years 4 months ago #74217 by Catherine
Replied by Catherine on topic Re:Success BEFORE appeal - so relieved
I can't bear to call you wickedwitch, so just a hello and a thank you for describing your successful, though i suspect, overly drawn out journey to the support group.

Your account is so well-written and will hopefully offer hope and guidance to others.

I would be interested to know if you feel that your eligibility for the support group was clear before they reconsidered - or do you think your appeal letter provided additional information or clarity?

If the former is the case - it really is such a shame you were subjected to all the additional distress.

Well done and best wishes

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12 years 4 months ago #74234 by TCP
Replied by TCP on topic Re:Success BEFORE appeal - so relieved
Well done, Catherine! I wish I had had a good outcome like this, sadly I have to go to appeal, despite having several incapacitating conditions. I think it's often down to who looks at your claim.

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  • Catherine
12 years 4 months ago #74238 by Catherine
Replied by Catherine on topic Re:Success BEFORE appeal - so relieved
Hi TCP - it is the wicked witch not me!

I really hope you get some support with your appeal - it is awful what you are going through and you clearly should be in the support group from your description.

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