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esa appeal

  • geoff
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11 years 8 months ago #90267 by geoff
Replied by geoff on topic Re:esa appeal
Waiting for tribunal date now , understand it could be up to 7 mths ?? just received pension credit award -3p per week !!! assume FIL is ok to accept this while appeal is ongoing, it will not jeopardise hearing??

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11 years 8 months ago #90270 by Crazydiamond
Replied by Crazydiamond on topic Re:esa appeal
No, the Pension Credit award will not jeopardise the appeal hearing.

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

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  • geoff
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11 years 7 months ago #91936 by geoff
Replied by geoff on topic Re:esa appeal
Just wonder your thoughts on this -waiting for tribunal date to come through -sent additional evidence through from doctor which amongst other things states-
"I have been asked to prepare a letter of support following a decision to exclude my patient from ESA support group... as his GP I have to be frank and say he is in no fit state to undertake or seek employment he does not have the mental wherewithal to undertake ANY form of work.....please let me repeat that i feel he is unable to work in any capacity "
In response been sent additional evidence from ESA who state.....
"No grounds to revise decision as the mental health sector of NHS Says users should be encouraged to seek occupation where possible" so believe should be kept in WRAG.

Have now submitted letter from his counsellor who states among other things
"It is my belief my client is wholly dependant on his wife for emotional support and without this 24hr support he would be unable to cope with standard day to day events on his own. He has impaired cognitive thought-reasoning and is unable to work in any capacity and if placed in a position where he has no choice but to work would in my opinion be psychologically damaging and have far reaching long term effects".

It now seems to me they are intent on going to tribunal and wholly ignoring medical opinion in the hope my FIL and Mil back down beforehand? personally think its diabolical what people are being put through!!!

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11 years 7 months ago #91938 by Gordon
Replied by Gordon on topic Re:esa appeal
geoff

It seems a lot of the members are confused by what being placed in the WRAG means. It means you have been found to have Limited Capability for Work, and as a result, you are not required to work or to seek work while you remain eligible for ESA.

To be placed in the Support Group you need to meet one or more of the SG descriptor, or show that you have Limited Capability for Work Related Activity. See

Qualifying for the Support Group

Gordon

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  • geoff
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11 years 7 months ago - 11 years 7 months ago #91944 by geoff
Replied by geoff on topic Re:esa appeal
see what you mean . our appeal is based on the fact that he qualifies for support group on at least 3 separate descriptors. thanks for response though.
Last edit: 11 years 7 months ago by Gordon.

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  • geoff
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11 years 6 months ago #93116 by geoff
Replied by geoff on topic Re:esa appeal
hi - still awaiting news on tribunal date for esa , guess it will be a while. today however FIL received letter from medical services assking him to fill in a 2limited capability for work questionairre" ie the same form that initially started this proces. it says if"you currently receive incapacity benefit, income support,(on the grounds of illness or disabilty) or severe diaablement allowance. do you think this is just an annual sending of same formor is it because ha also claimds "dla" allowance?

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