ESA appeal - heart failure

Hi, i have my tribunal on 20th dec. i have heart failure brought on by cancer treatment 30 yrs ago. i have a good life but tried to work past 12 hours per wk and could not aggravated by other problems from past treatment. The rest of the time i was asleep/dizzy and at work i was supported and could not do many tasks.
i have downloaded the guide but feel my pride is injured as have always worked and still do under permitted work. I have never been to court and feel angry i have to now and treated as stupid or a cheat.

However I would like to know if any other people have won appeals with heart failure as i argue it is a "substantial risk" if i were to be forced to work.

jen

redjenhen wrote:

Hi, i have my tribunal on 20th dec. i have heart failure brought on by cancer treatment 30 yrs ago. i have a good life but tried to work past 12 hours per wk and could not aggravated by other problems from past treatment. The rest of the time i was asleep/dizzy and at work i was supported and could not do many tasks.
i have downloaded the guide but feel my pride is injured as have always worked and still do under permitted work. I have never been to court and feel angry i have to now and treated as stupid or a cheat.

However I would like to know if any other people have won appeals with heart failure as i argue it is a "substantial risk" if i were to be forced to work.

jen

Hi J,


We may well have members who have won appeals with similar health conditions.

However, the important issue to remember is that, it is not the condition itself that qualifies a claimant for an award of ESA, it is the resulting risk, limitations, disabilities etc, and whether the same fulfills the criteria of the relevant descriptors for WRAG or Support Group of ESA.

In the case of risk, it would be under the Exceptional Circumstances rules of the same.

See this thread where the relevance of Limitations versus Medical Conditions was discussed.

www.benefitsandwork.co.uk/forum?func=vie...id=10&id=75822#75822


bro58

Thank you - i am learning. I did see this forum but am still confused how i prove it as no one would make me work beyond when my symptoms kicked in
i will read the guide as soon as i can to try and understand and be objective by the time it comes around.
jen

redjenhen wrote:

Thank you - i am learning. I did see this forum but am still confused how i prove it as no one would make me work beyond when my symptoms kicked in
i will read the guide as soon as i can to try and understand and be objective by the time it comes around.
jen

O.K. J,

For clarity all our ESA Guides are accessible from this link :

www.benefitsandwork.co.uk/help-for-claimants/esa

bro58

Hi J,

If the ESA Decision that you are appealing was on the old descriptors, before the end of March 2011, the relevant descriptors for you would be in the "old " guides on the same page as here :

ESA claims and appeals - OLD WCA.

bro58

Hi RJH,

Three heart attacks in the last four years, one by-pass operation because of one of these, spinal injections caused by overwork in the cause of my own business, (physical overhead work), arthritic joints because of the same thing.

Refused DLA.
Hows about that then.

Don't expect any Christmas presents from the DWP.

Sorry for the depressing prognosis. Hope you fair better than I did.

Put it all behind you, whatever the result, when you get it. Keep smiling!