ESA Appeal

Hi, On March 2012 I was put into the WRAG (without medical) and appealed to be put into support group. I suffer from Fibromyalgia, IB, Fatigue and have faecal incontinence. This was all listed on my WCA medical form. I received a reply in May 2012 informing me that they had received my request and were waiting on my file(I was transferring from IB to ESA) On 14 Sep 12 I received a letter saying my file could not be traced but were enclosing a copy of the ESA85A. A male nurse assessed and concluded that "I am able to advise that the claimed level of disability is consistent with the evidence before me" Prognosis - "I advise a return to work is unlikely for at least 2 years" He ignored the incontinence and difficulties I have with mobility. As yet I have heard nothing, I assume the appeal is going ahead (my ESA due to end 10 May). Should I telephone the ESA department or what? An advice greatly appreciated.

snowbaby wrote: Hi, On March 2012 I was put into the WRAG (without medical) and appealed to be put into support group. I suffer from Fibromyalgia, IB, Fatigue and have faecal incontinence. This was all listed on my WCA medical form. I received a reply in May 2012 informing me that they had received my request and were waiting on my file(I was transferring from IB to ESA) On 14 Sep 12 I received a letter saying my file could not be traced but were enclosing a copy of the ESA85A. A male nurse assessed and concluded that "I am able to advise that the claimed level of disability is consistent with the evidence before me" Prognosis - "I advise a return to work is unlikely for at least 2 years" He ignored the incontinence and difficulties I have with mobility. As yet I have heard nothing, I assume the appeal is going ahead (my ESA due to end 10 May). Should I telephone the ESA department or what? An advice greatly appreciated.

Hi sb,

If you have submitted an appeal, and have received notice of receipt of said appeal from The DWP, then you could contact them for an update.

If they have admitted that they have "lost" your file, then there may be a breach of Data Protection Laws here, see :

www.ico.gov.uk/for_the_public/personal_information.aspx

You could also complain to The DWP :

Complaining to The DWP

DWP Complaints process :

1. Complaint to the office against which the complaint lies;

2. Complaint to the District Manager;

3. Complaint to the Chief Operating Officer (Chief Operating Officer, Department for Work and Pensions, 6th Floor, Caxton House, Tothill Street, London SW1H 9NA;

4. Independent Case Examiner (ICE)

5. Parliamentary and Health Service Ombudsman.

At stages 1-3 the procedure specifies that the JC should reply within 15 working days.

If no response is given by the 15 day deadline move on to the next stage.

If you are unhappy with the quality of The ESA85A, you could also complain to ATOS as a seperate issue :

Complaining to ATOS Healthcare

bro58

Thank you Bro, i really appreciate all the information you guys give.

Sorry Bro , I forgot to say the letter was from ESA Dept, as yet i haven't received any from DWP?

snowbaby wrote: Sorry Bro , I forgot to say the letter was from ESA Dept, as yet i haven't received any from DWP?

Hi sb,

As long as it was from a "Benefits Office/Centre, Benefits Delivery Centre (BDC), that is fine.

ESA is only the benefit that is paid by The DWP, therefore the ESA department is a part of The DWP.

ATOS are Medical Service providers who carry out all medical aspects of assessments for benefits such as DLA and ESA, they are contracted to do this by The DWP on behalf of The Secretary of State.

bro58

Thanks again Bro, my apologies for perhaps sounding stupid but this whole process has me totally confused and going outa my mind with worry. Have to say I would be totally lost without the back up of B&W.