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ESA Medical been placed in the Work Related Group

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11 years 8 months ago #89407 by tabby026
I had my ESA Medical two weeks ago and got a letter today saying I have been put in the Work Related Group. I am currently on contributionary based ESA at present, as my husband works full time (although does not earn a huge wage) and we have just over 16,000 in savings. Is it worth my appealing against my decision? I am on an ill health retirement pension of £760 per month and as a result get £51.27 every two weeks. This stops on 18th December 2012.

I have spastic diplegia (i was born 10 weeks premature) and as a result suffer from a form of cerebral palsy affecting the lower limbs. I have severe tightness in the lower limbs and balance issues, however I have worked since I was 18 (I'm now 37) and over the last 8 years I have found that the postural compensations and teeth clenching at night, (from the cerebral palsy muscle spasms) make me really dizzy, nauseous and in severe pain. I am also on 20mg of citalapram for general anxiety disorder and this makes meal feel like a zombie and very tired. I was off sick in 2007 for 6 months and went to work for my employer part time, I struggled on, until in Sep 2010 I was off sick from work again, and then placed on ill health retirement (after several occupational health assessments) in Feb of this year.

It is not really from a monetary point of view that I want to appeal, although the small amount will go towards the private physio I have to pay out for, as there is nothing available on the NHS, it is more the principle, as there are loads of people claiming out there who are not genuine, and it makes me mad!

Do I stand a chance appealing against the decision? and if so how do I go about it? Who is allowed to stand as your representative?

It seems if your illness does not fit one of there little boxes, your stuffed and my husband and I think its wrong. This government say "We are all in it together", but I have never felt so let down in my life. :(

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11 years 8 months ago #89411 by Crazydiamond
Replied by Crazydiamond on topic Re:ESA Medical been placed in the Work Related Group
See:-

ESA resources.

Scroll down to the guide entitled "Employment and Support Allowance appeals" where you should find an answer to your questions.

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

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11 years 8 months ago #89415 by chrissy v
Hi Crazydiamond,

Information on another site says you automatically qualify for the support group if you have Cerebal Palsy, is that not the case ?

CV

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11 years 8 months ago - 11 years 8 months ago #89420 by Crazydiamond
Replied by Crazydiamond on topic Re:ESA Medical been placed in the Work Related Group
What you have read is not necessarily correct as there are no automatic WCA exemptions for inclusion in the support group for claimants with cerebral palsy.

Can you please identify the website to which you refer?

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 8 months ago by Crazydiamond. Reason: Additional info.

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11 years 8 months ago #89421 by Gordon
chrissy v wrote:

Hi Crazydiamond,

Information on another site says you automatically qualify for the support group if you have Cerebal Palsy, is that not the case ?

CV

There is only one automatic qualififcation for the Support Group, which is where a DS1500 has been issued, confirming that the death of the claimant is expected within six months, and even then the DWP have been known to argue thse case.

Gordon

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11 years 8 months ago #89423 by chrissy v
Hi Crazydiamond, i thought i,d seen it on The Full Facts website, something about people with CP would,nt even be asked to go to an assessment, maybe iv,e got it wrong if i have i do apologise.

CV

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