ESA Appeal WRAG To Support Group

Hi
My first post on this forum so please bear with me.
My query relates to ESA and having recently (28/02/13) being placed in the Work Related Activity Group with Contribution based ESA this I am told commences from 22/03/13.

It has taken the DWP some considerable time to reach this decision as my ESA-N-50 (10/08) was received by them on 11/05/11.

I have using your guides requested documentary evidence to establish how they came to their decision

The delay has arisen because I live abroad and there were difficulties in arranging a medical examination here plus the additional problems of having the forms translated so my doctor could complete the examination here. I had in the end (with the decision makers approval)to arrange my own medical.

Now I understand you cannot be specific to individual cases but I am appealing (advised DWP this morning. My queries are these if you can help out.

My ESA-N-50 (10/08) is the older version and I have downloaded from this site the guides for appealing. The questions asked on my ESA form I believe differ from those currently asked on newer forms. Have the descriptors changed on the newer forms? I believe I qualify for the Support Group as I cannot walk more than 50 meters without having to stop and rest because of severe pain and I am unable to stay seated for more than 10 minutes without having to stand and move about again because of the pain, which is excruciating. When I stand I cannot be stationary I have to move about.

My doctor here agreed with these findings and noted them on the ESA-N-54B (09/09)that she completed.

It would appear that these problems have been ignored by Atos/Decision Maker unless they are now no longer relevant with the newer forms and new rules which came into effect in January this year?

I was involved in a very serious car crash whilst on duty in 1990 and was subsequently retired on the grounds of 'ill health' in February 1991with no choice in the matter and have been claiming Invalidity/Incapacity and now ESA ever since.

Any thoughts or general advice would be gratefully appreciated.

Anthony

Hi Gordon

Many thanks for a speedy reply, much appreciated.

It looks like I will have to wait for the statement of reasons that the decision maker used in coming to his/her decision, it will I'm sure make interesting reading.

With regards to the use of a wheelchair, I'm afraid I would struggle there massively as my main injury is to my lower back with a trapped nerve in my right leg (permanent pins & needles of the worst kind). I have a big problem sitting for more than 5 minutes or so in a chair without having to stand to alleviate the pain and to compound matters the 'rocking' motion whilst attempting to propel a wheelchair would be extremely painful, however I take your point.

If I were a betting man (which I'm not) or even a 'conspiracy theorist' I would wonder if the delay until now for my result as opposed to prior to the new regs coming in was deliberate delaying tactic.

Anyway thanks once again for the information and I will update you when I have any new information.

I will definitely continue with my appeal

Anthony