ESA appeal....help!

I am going to appeal my IB to WRAG decision. I have read both the Benefits and Work booklets on ESA and appealing but I still have a couple of questions.

I did not know about this site before I sent in my ESA50, but I had got a help booklet from an association I belong to for one of my conditions, but reading this site I could have filled it in so much better, so...

1)Will it make a difference to my appeal that I may not have put enough information in my ESA50...i.e the decision is my own fault? I thought I had filled it out comprehensively and added a 5 page statement as well.

2) I have had no improvement in my condition in the 9 years I have been on I.B should I state that on my appeal form?

3) I have not had a face to face assessment/medical, If I appeal will I be sent for one?

4)I phoned my GP and they have not been contacted by ATOS or the DWP, does that make a difference to my appeal? I sent in a letter from my GP with my ESA50.

5)Would stating on your appeal form that you want an 'oral hearing' present a decision maker from changing the decision themselves. Would they send it straight to appeal rather than reassessing it? Is it better to allow a phone call?

Thank you.

kat100 wrote:

I am going to appeal my IB to WRAG decision. I have read both the Benefits and Work booklets on ESA and appealing but I still have a couple of questions.

I did not know about this site before I sent in my ESA50, but I had got a help booklet from an association I belong to for one of my conditions, but reading this site I could have filled it in so much better, so...

1)Will it make a difference to my appeal that I may not have put enough information in my ESA50...i.e the decision is my own fault? I thought I had filled it out comprehensively and added a 5 page statement as well.

2) I have had no improvement in my condition in the 9 years I have been on I.B should I state that on my appeal form?

3) I have not had a face to face assessment/medical, If I appeal will I be sent for one?

4)I phoned my GP and they have not been contacted by ATOS or the DWP, does that make a difference to my appeal? I sent in a letter from my GP with my ESA50.

5)Would stating on your appeal form that you want an 'oral hearing' present a decision maker from changing the decision themselves. Would they send it straight to appeal rather than reassessing it? Is it better to allow a phone call?

Thank you.

Hi k100,

In response to your questions :

1) If you feel that you have extra information, you could send it in with your appeal submission (GL24), it should then be taken into account when a different DWP DM reconsiders your ESA WRAG award.

2) You could mention this, however the important issue is to show that you meet the Support Group descriptors that are applicable to your limitations.

3)They "could" send you for a "face to face" assessment, however we do not come across this scenarion very often on the Forum.

4) The DWP/ATOS may or may not contact your G.P. in the form of an ESA113 form, seen here : www.dwp.gov.uk/docs/esa113-interactive.pdf
It appears that they have not yet done so, they still could as aresult of your appeal. At least you did manage to obtain and send a letter from your G.P. though.

5)Whether you opt for an oral hearing or a paper hearing will not stop the DWP DM from reconsidering your ESA award. Just to note here that oral hearings, (Where you attend) have a far greater success rate than paper hearings.

May I suggest you review : Appeals FAQ’s

And our ESA Appeals Guide, 5th link down this page :

ESA Guides

bro58

I also forgot to ask, on page 56 of the ESA guide,

What ATOS professionals are told about this activity, its says that -
"for people with conditions like anxiety, panic disorder or agoraphobia there would need to be evidence that the condition was severe. For example, evidence of psychiatric input or medication"

Should I put on the appeal form the reasons why these are not used in my case.
My GP stated my case was severe in the letter I sent with my ESA50.

kat100 wrote:

I also forgot to ask, on page 56 of the ESA guide,

What ATOS professionals are told about this activity, its says that -
"for people with conditions like anxiety, panic disorder or agoraphobia there would need to be evidence that the condition was severe. For example, evidence of psychiatric input or medication"

Should I put on the appeal form the reasons why these are not used in my case.
My GP stated my case was severe in the letter I sent with my ESA50.

Hi k100,

It may help if you do, and also reiterate your G.P.'s comment.

bro58