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Worried about appealing and not well at all

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11 years 8 months ago #89622 by Eleanor
Hello. I had the letter today to say I had been transferred from IB to ESA and put in the WRAG from August this year until November next year (15 months)and no medical. I am glad I wasn't asked to go for a medical. However, I should be in the support group. As I completed the form with your guides I am guessing it is best to go straight to filling out the appeal form, rather than write to ask them to reconsider. However, I'm worried that if I appeal they might ask me to go for a medical and also, is it possible they could put me in the support group but only for 3 months, say? And then I'd have to claim all over again. I am only just getting over the process of filling in the form, and have developed a number of additional health problems caused by stress. I reckon it would take me a year just to get over the additional problems, and I still have the disability issue. Sorry for rambling a bit, I have a temperature. I can't think why my medical evidence wasn't enough to get into the support group. I saw a new Consultant for an up-to-date report on my condition, and in it he stated I was permanently and chronically disabled, and that work using my hands would exacerbate my condition. All I can guess is that they have picked up on the 'using' my hands bit and assume there is something I can do which doesn't involve using my hands! The only other thing I can think is, at the end of the report (which was addressed to my GP) the Consultant suggested a couple of new meds to try. Should I ask the Consultant for another letter, clarifying that my condition is permanent and that it would be harmful to me to work? Ot should I just write to them and point that out in case it was overlooked. On my claim form I did put that I considered I would be a risk to myself and others if in a workplace due to dropping things and lack of concentration. I am freaked out about it - my Partner is pressuring me to try and work because he can't afford to support me - and we are both upset and stressed out. I wouldn't be entitled to Income Related WRAG in 18 months time anyway, but mainly I don't want to try and work any more, after a number of previous failed attempts which worsened my condition each time (I put that on my form too).

Can anyone help with what wording I should use, either to write to them, or on the appeal form, regarding the Consultant's letter. I feel too paralysed to do anything right now, but my instinct is to send off a letter asap instead of sitting here being anxious.

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11 years 8 months ago #89631 by Gordon
Eleanor

I have included some FAQs later on in the post which cover the issue of you appealing.

If you do, then there is a possibility that you will have to attend a medical, it is also possible that if placed in the Support Group, that the time until your next assessment may be changed, although it is possible that the time could be extended rather than reduced.

You also need to be aware that although you will not be assessed for 18 months. your ESA(CB) will only be payable for 365 days from your Effective Date of Tramsfer, if you remain in the WRAG.

You mention that you have developed a number of additional health problems, these cannot be considered as part of an appeal, however, if these in themselves would qualify you for the Support Group and you can provide evidence to support this, then you can request a SuperSession on your claim on this basis. As always, when asking for your claim to be looked at there is a risk, see below.

With regard you appealin, see the following

Is there any risk to challenging a decision?

How long do I have to appeal?

How to submit an appeal

Qualifying for the Support Group

12 Month Limit for ESA(CB)

Do I have to attend WFIs while I appeal?

Gordon

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

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