tribunals

rossiwatson wrote: Help! I have been on incapacity since 1998, with various ailments, but mainly depression. I have now been transferred on to ESA. I have attended several tribunals, after failing the so called medicals, and am set to have another one. I have applied for DLA twice and been refused. I am now asking to be put in the support group of ESA, and am going to apply for DLA again. My last medical was a farce! The doctor didnt ask me some of the questions he said he did. He reckoned I could bend down etc, [modedit]! I sent in an official complaint, but they said after an investigation they found no problem with this doctor! Now guess what, the medical report they are going to use is non other than the doctor I complained about! This medical was 2009, and I have had 3 MRI scans on my back since then. I have arthritis in my spine, severely degenerated discs, inflamed and degenerated facet joints, numbness in my toes, feet and up my legs and sciatica. I also suffer from spasms in my back and buttocks. I have had steroid injections, into my lower spine and 9 other injections into my facet joints with no relief. I have been to lots of different physio's, but am still in pain. What can I do? I have aids in the house to help me, apparently the DWP reckon that's all they are for and are given by the local council to anyone that needs help? I diabetes, depression, anxiety, stress and a severely bad back. What can I do? I have to write back to the tribunal asap.

Just to confirm you are appealing to be placed in the Support Group from the WRAG?

When were you transferred from IB to ESA and can you confirm that there was no ESA assessment done?

The report from 2009, was this in connection with an IB or DLA claim?

Why do you need to write back to the Tribunal Service asap?

Gordon

rossiwatson wrote: Hi
I am appealing against being placed it the wrag group. I expected to be placed in the support group, not the work related group. I was transferred to ESA, I think, back end of 2012. The DWP are using the medical from the doctor I reported, as part of their case against me being transferred to the support group. The report was from when I was receiving Incapacity Benefit. I have to fill a form to send back to the tribunal service. I think you get 14 days to send it back?

I am conscious that we have just closed the forum to new posts, so I'll post as much as I can now and you can post any follow up questions when we re-open at 8pm this evening.

If the form is the one I think it is, then this is simply asking you to confirm that you wish to proceed to appeal and whether you have a Representative, this being the case, you do not have to proviode any evidence or submission with regard to your case at thi s time.

From your posts, you are saying that you did not receive, complete, and return an ESA50, and that you did not have a face to face assessment in regard to you being transfered from IB to ESA.

My immediate thoughts are that this is a total mess, and that the DWP have not discharged their responsilibility to handle your claim in a proper manner. On this basis, I believe you should get face to face advice from your local CAB or Welfare Rights office, as there are serious issues that need to be addressed.

Whilst it can be legal to use a report from another benefit to make a Decision on ESA, to use one from 2009, from a benefit such as IB, which has significantly different criteria from ESA, beggars belief, especially if you have submitted medical evidence that post dates this report and contradicts it.

However, all of this said, none of this means that you qualify for the Support Group, so in addition to dealing with the way your claim has been handled you also need to show that you meet one or more of the SG criteria, see

Qualifying for the Support Group

Our ESA Appeal guide is on the following link

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

and I would also recommend your to review our ESA Claim guides as well, which are also on the above link.

Other things you need to be aware of

12 Month Limit for ESA(CB)

Do I have to attend WFIs while I appeal?

The following may also be of interest.

Disability Rights UK Factsheet - Appeals and reconsiderations

Gordon