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esa wrag appeal and obstructive sleep disorder

  • mitsi
  • Topic Author
11 years 11 months ago #85860 by mitsi
hi
my husband has severe obstructive sleep apnea,gave up on the cpap years ago, as he struggled with it,aswell as suffering panic attacks with the cpap.
He as been put into wrag,moved from incapacity benefit,am about to stat appeal process,anyone else who has the same problem and how did you get through the appeal/tribunal process

many thanks

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11 years 11 months ago #85864 by slugsta
Hi mitsi,

Before you start the appeal process, you must be aware that this could result in your husband's current award being under threat.


Is there any any risk in challenging a decision?

If you decide to go ahead, there are lots of resourses on this site to help you.

How long do I have to appeal?

How to submit an appeal

Do I have to attend WFIs while I appeal?

ESA claims and appeals

These should get you started.

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

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11 years 11 months ago - 11 years 11 months ago #85894 by billkruse
I went through testing back when it was done by the Medical Services company, and an appeal too, which I passed without any representation. I have various other ailments though and my sleep apnea never got a look in. It should have done though because if like me your hubby is sleeping a lot in the day as a matter of routine then arguably this counts as periods of involuntary unconsciousness and so may well count in your husband's favour. I mention this as you may not be aware of it. You don't say exactly why your husband's been put in the WRAG so I can't comment further.
Last edit: 11 years 11 months ago by slugsta.

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  • mitsi
  • Topic Author
11 years 11 months ago #85941 by mitsi
hi
i not sure why he has been put in the wrag group at this moment,i requested the atos medical report and decision makers report.today i have recieved a esa85s only,it doesnt have any points on it,does anyone have one of these,is this what i use for my case.
SWLABR-as you will be aware, sleep apnea causes many other ailiments, a walking zombie,suffers from depression,panic attacks and anxity

thanks

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  • pete17971
11 years 11 months ago #85945 by pete17971
mitsi wrote:

hi
i not sure why he has been put in the wrag group at this moment,i requested the atos medical report and decision makers report.today i have recieved a esa85s only,it doesnt have any points on it,does anyone have one of these,is this what i use for my case.
SWLABR-as you will be aware, sleep apnea causes many other ailiments, a walking zombie,suffers from depression,panic attacks and anxity

thanks



Hi,

With reference to only receiving an ES85A and not a SOR, may I refer to you this thread;

www.benefitsandwork.co.uk/forum?func=view&catid=10&id=85931

Do not delay appealing though pending receipt of the asked for documents.

Pete

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11 years 11 months ago - 11 years 11 months ago #86013 by billkruse
The one that I can remember is that you get an enlarged heart if it goes untreated, surely a danger to one's health! I mention this as I've been told at the clinic that using your CPAP is actually medicating your condition. This is perhaps worth bearing in mind for some people as if you're packed off to work and so denied sleep when your body wants it you'd be effectively denied your medication - clearly this could be injurious to your health (descriptor alert!!). I'd be interested to see what reasons you're given for being put in the WRAG if you're ok to put them online here. I'm still routinely falling sound asleep at odd hours in the day and the doctors describe this as deranged sleep. Are you familiar with the phrase and did you use it at all in your submission?
Last edit: 11 years 11 months ago by slugsta.

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