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Should I appeal?
- Frank
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12 years 2 months ago #79911 by Frank
Should I appeal? was created by Frank
I'm feeling very confused at the moment and really unsure as to what to do.
I've been on ESA in the work related activity now for just about two years.
I know that the government was trying to limit the entitlement to a year and that they were defeated in the Lords and then I heard it would be two years. Is this definite now?
When I applied for ESA originally, I had to attend a medical and got nil points. I went to appeal in October 2010 and was awarded 15 points - 9 for descriptor 1d. cannot walk more than 100m and 6 for 2e. cannot stand for more than 30 minutes.
It's been like that ever since and I haven't had another medical.
My main condition is severe bilateral iliac disease and my hospital consultant confirms in his letter that I have bilateral buttock, thigh and calf claudication at 25 to 50 yards. I also suffer from osteoarthritis in the hip, tinnitus (a hearing aid for each ear), kidney stones, I have type 2 diabetis and am on insulin. I have also been on medication for depression for nearly five years. I have a blue badge for parking.
In my opinion, my condition is much worse now. I am 63.
I received another ESA50 form at the end of December 2011, which I returned with all of my letters from the hospital.
They replied saying that they'd made the decision that I had a potential for work and so I'm still in the work related group. They've not asked me to another medical.
If I've read the descriptors properly, I believe I should really qualify for the support group based on my walking difficulties at 25 to 50 yards? Is this correct?
I don't know whether I should appeal that I should be in the support group, as I know there are risks. The thing is, as I've been in the work related for two years already, will I be thrown off anyway in April? So how much risk is there? I do have some small savings and I'm worried I'll be disqualified if I stay in the work related group.
I've so far not applied for DLA as I'm not sure if I would qualify.
Really don't know what to do.
I've been on ESA in the work related activity now for just about two years.
I know that the government was trying to limit the entitlement to a year and that they were defeated in the Lords and then I heard it would be two years. Is this definite now?
When I applied for ESA originally, I had to attend a medical and got nil points. I went to appeal in October 2010 and was awarded 15 points - 9 for descriptor 1d. cannot walk more than 100m and 6 for 2e. cannot stand for more than 30 minutes.
It's been like that ever since and I haven't had another medical.
My main condition is severe bilateral iliac disease and my hospital consultant confirms in his letter that I have bilateral buttock, thigh and calf claudication at 25 to 50 yards. I also suffer from osteoarthritis in the hip, tinnitus (a hearing aid for each ear), kidney stones, I have type 2 diabetis and am on insulin. I have also been on medication for depression for nearly five years. I have a blue badge for parking.
In my opinion, my condition is much worse now. I am 63.
I received another ESA50 form at the end of December 2011, which I returned with all of my letters from the hospital.
They replied saying that they'd made the decision that I had a potential for work and so I'm still in the work related group. They've not asked me to another medical.
If I've read the descriptors properly, I believe I should really qualify for the support group based on my walking difficulties at 25 to 50 yards? Is this correct?
I don't know whether I should appeal that I should be in the support group, as I know there are risks. The thing is, as I've been in the work related for two years already, will I be thrown off anyway in April? So how much risk is there? I do have some small savings and I'm worried I'll be disqualified if I stay in the work related group.
I've so far not applied for DLA as I'm not sure if I would qualify.
Really don't know what to do.
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- Gordon
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12 years 2 months ago #79914 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Should I appeal?
Frank
The Welfare Reform Bill is still being debated in the House of Lords, infact there was a vote on a key clause tonight.
There are a number of amendments that affect the time limiting of ESA(CB), however, at this time it is simply not clear what actions the Government will take regarding these.
The following FAQ explains the two extremes, however, it is perfectly possible that the Bill actually passed into law could represent either of these or any position in between.
12 Month Limit for ESA(CB)
The only thing that we can say to members is to pursue whatever courses of action they believe are appropriate for themselves until such time as the law becomes clear.
The descriptors for ESA were updated in March 2011, one of the changes affected the walking test which now requires you to be unable to propel a wheelchair over the same distance. See the following FAQs
Qualifying for the Support Group
Is there any risk to challenging a decision?
Gordon
The Welfare Reform Bill is still being debated in the House of Lords, infact there was a vote on a key clause tonight.
There are a number of amendments that affect the time limiting of ESA(CB), however, at this time it is simply not clear what actions the Government will take regarding these.
The following FAQ explains the two extremes, however, it is perfectly possible that the Bill actually passed into law could represent either of these or any position in between.
12 Month Limit for ESA(CB)
The only thing that we can say to members is to pursue whatever courses of action they believe are appropriate for themselves until such time as the law becomes clear.
The descriptors for ESA were updated in March 2011, one of the changes affected the walking test which now requires you to be unable to propel a wheelchair over the same distance. See the following FAQs
Qualifying for the Support Group
Is there any risk to challenging a decision?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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