× Members

ESA medical......for second time!

  • simon
  • Topic Author
10 years 10 months ago - 10 years 10 months ago #105465 by simon
ESA medical......for second time! was created by simon
Hello....I first applied for ESA back in Nov/Dec 2009 after stopping work after being diagnosed with a hereditary genetic condition called Spino Cerebella Ataxia.
After being given only 6 points at the 'medical'.......I appealed and after 10 months had a tribunal hearing which I won after 10 minutes and they awarded me 24 points.
That was back in Sept 2010 and I have had little or no contact with the DWP or ATOS.
My entitlement to the financial payments stopped back in April 2012.
I've had an appeal lodged for 16 months now and have had my MP on the case as well as my Ataxia UK advocate.....with the run around or couldn't care less attitude being given by the DWP.
I have now received an appointment for another 'medical' at the end of this month.
I am fearful of not getting enough points and the DWP saying that I am fit for work despite sending them copies of consultants letters to them saying I am NOT fir for work and will never be.....a total waste of public money I think!
Can anyone shed some light on the situation?
My condition is PROGRESSIVE.
Last edit: 10 years 10 months ago by slugsta.

Please Log in or Create an account to join the conversation.

More
10 years 10 months ago #105466 by slugsta
Replied by slugsta on topic ESA medical......for second time!
Hi Simon,

The whole ethos of the benefit reforms is that everyone will be subject to routine reassessments, no matter what their condition. The frequency of these for ESA can vary from 3 months to 3 years. These reassessments might or might not include a face-to-face interview. The more information and evidence you send in with the ESA50, the better your chance of not being called in for such a face-to-face assessment. However, this does seem to be down to the 'luck of the draw' as much as anything.

If you were to be deemed 'fit for work' again then you would be able to appeal this decision too. It is possible for claimants to have 2 appeals running at the same time!

Don't forget to make full use of our ESA resources when filling out the ESA50

ESA claims and appeals

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

Please Log in or Create an account to join the conversation.

More
10 years 10 months ago #105467 by Gordon
Replied by Gordon on topic ESA medical......for second time!

simon wrote: I've had an appeal lodged for 16 months now and have had my MP on the case as well as my Ataxia UK advocate.....with the run around or couldn't care less attitude being given by the DWP.


Can I ask what your appeal is for?

Gordon

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

Please Log in or Create an account to join the conversation.

  • simon
  • Topic Author
10 years 10 months ago - 10 years 10 months ago #105472 by simon
Replied by simon on topic ESA medical......for second time!
My appeal after getting the full amount of ESA (contribution rate) is to go from the WRAG (which I should never have been put in) to the support group.
Last edit: 10 years 10 months ago by Gordon.

Please Log in or Create an account to join the conversation.

  • simon
  • Topic Author
10 years 10 months ago #105474 by simon
Replied by simon on topic ESA medical......for second time!
Hi....I have filled out the ESA50 medical form.....sent it back and attached further documents to state my condition (consultants letters....AGAIN!)
After my tribunal win I should have been sent a year later for a medical to let them know my condition.....they forgot.
I have had no contact with them except a call from the man replying to my MP......a benefits director!
I have a copy of his letter to my MP apologising for their administrative error in my case.
A woman from their complaints dept. rang me 2 months ago to try and sort things.......no joy.
NO contact....they don't seem bothered at all.

Please Log in or Create an account to join the conversation.

More
10 years 10 months ago #105475 by Gordon
Replied by Gordon on topic ESA medical......for second time!

simon wrote: My appeal after getting the full amount of ESA (contribution rate) is to go from the WRAG (which I should never have been put in) to the support group.


Sorry but I am a bit confused by the dates you have posted. You say

11/09 - Original claim for ESA
01/10 - Found Fit for Work and appealed?
09/10 - Placed in WRAG after Tribunal hearing
04/12 - ESA(CB) payments stopped
05/13 - New Assessment

You say your appeal has been running 16 months which would make it Feb 2012, did you have another assessment at this time?

Confused :)

Gordon

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

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.