Help I want to appeal

Clarzie wrote: I received a letter beginning of Sept saying I was changing from IB to ESA and needed to complete the relevant forms. After completing the forms I've waited and waited and finally got my letter on 28thDecember saying I had been put in the work related group and not support group. My problem is I have no control over my bowel due to crohns disease and removal of my small bowel and I use the toilet up to 15 times a day. I have rheumatoid arthritis and I'm no immuno suppressant drugs. What happens now as I've been told I have to go for interviews with an advisor, my benefit will only be paid for 365 days - what happens then - any advice greatly appreciated

With regard the 365 day limit, if you remain in the WRAG, then at the end of the 12 months your ESA(CB) payments will stop, although you remain eligible for ESA. If you satisfy the the associated means test, then you will be transferred to Income Related ESA, and payments will continue.

If you believe that you you meet the descriptors for the Support Group, you can appeal the Decision, whilst you may meet other descriptors the Continenece one is as follows.

8. Absence or loss of control over extensive evacuation of the bowel and/or voiding of thebladder, other than enuresis (bed-wetting),despite the presence of any aids or adaptationsnormally used. At least once a week experiences:

(a) loss of control leading to extensiveevacuation of the bowel and/or voiding ofthe bladder; or
(b) substantial leakage of the contents of acollecting device

sufficient to require the individual to clean themselves and change clothing.

The critical phrases are; "At least once a week", "extensive evacuation" and "sufficient to require the individual to clean themselves and change clothing"

So using the toilet 15 times a day may not in itself qualify you, unless you can show that you also meet these conditions.

Please have a look at the following FAQs and if you have more questions, reply to this topic.

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

Disability Rights UK Factsheet - Appeals and reconsiderations

12 Month Limit for ESA(CB)

Do I have to attend WFIs while I appeal?


Gordon