help with esa support group

dmg24

Rather than people giving their opinions, the best place to start would be the Decision Makers Guide. This is the information upon which your award is decided. Feel free to ask if you need any of the points clarifying.

survivor_13

sh1305 wrote: »

if your issues can be worked around, what's the problem here?

sorry, the keys on this laptop sometimes stick. that was meant to be "cant" be worked around. Really should be more thorough re-reading my post lol.

survivor_13

dmg24 wrote: »

Rather than people giving their opinions, the best place to start would be the decision makers guide. This is the information upon which your award is decided. Feel free to ask if you need any of the points clarifying.

Thank you so much

survivor_13

hi, i checked the guide. Thank you for recommending. Is this an official document that i can reference to the ESA?
I looked over chapter 42 - appendix 2, which seems relavent.
Its actually word for word the documentation i recieved from my previous tribunal hearing two weeks ago. I was given a copy of the assessment with checkboxes over the descriptors used.
I scored the full 15 points on multiple descriptors/questions and am honestly confused as to how they have came to their decision.
I mean if it just seems that any evidence i send to them it gets completely disregarded
In your opinion what should i do now?

sunnyone

You are one of thousands that have been failed the ESA medical and then won at tribunal and they, like you want to be in the support group to vindicate themselves but it wont happen and its not worth the stress it for £5 per week.

The support group isnt just for the terminally ill, some of them are in the WRG.

survivor_13

sunnyone wrote: »

You are one of thousands that have been failed the ESA medical and then won at tribunal and they, like you want to be in the support group to vindicate themselves but it wont happen and its not worth the stress it for £5 per week.

The support group isnt just for the terminally ill, some of them are in the WRG.

But why should a person have to just roll over and accept the decision given?
I really fail to see the logic in their decision no matter how hard i try. I've always been taught that the best constructed arguement is one that acknowledges the opposing one. That said, after checking the guide reccommended above i have a copy of the criteria needed for Support group, clearly marked showing 45 points awarded in the "physical" section.
Two instances of 15 points, one of 9 and one of 6.
By their own set of guidelines for appointing groups as far as i can see, it would appear they just haven't acknowledged any evidence given to them.
I'm not argueing that the criteria they express is wrong or anything like that. Only that the whole situation is farcical now!
They are basically ignoring their own findings and making a random decision based on nothing when the evidence is clearly infront of them.

Imagine someone walking up to you and slapping you in the face. When you ask them why they did, they respond "why did i do what?" as if nothing had happened.

Thats how blaringly obvious the case is and i'm just even more frustrated after seeing that my letter from the tribunal is a carbon copy word for word of the guidelines used for the decision making, and clearly shows that their decision to put into WRAG is completely unfounded and one made in complete ignorance.

Apologies for the rant, i just feel the need to vent. The corruption of the system is just killing me

survivor_13

Can anyone confirm if the decision makers guide linked above and on this site is a quotable document i could use with esa?

bezzza

What did it say on the decision notice you were given after the hearing? I was successful at my tribunal appeal on Tuesday (after almost 10 months waiting for a date) and on my decision notice it gave points awarded, which categories I satisfied and which group I was assigned to (Work Related). I assume yours will say the same. Does it say they assigned you to the support group or the work related group? It was also explained to me after I read the notice the reasons for their decisions - did you not get any of this and did you not ask the question about which group they chose to assign you to? I know how hard it will have been for you to appeal the decision as it has been a nightmare for me - I chose to defend myself and like yourself the Judge said it was obvious I was unfit for work but recommended the work related group as felt it would be beneficial - as far as I am aware I will have to attend 6 mandatory appointments (similar to what you have to do when first on ESA) - a small price to pay plus I actually found the first appointments quite helpful so am looking forward to recommencing.

EDIT I see they did decide at your tribunal that you would be placed in Work Related Group - so what is the problem? They obviously felt that your illness does restrict you from working but feel this group is the most appropriate. You cannot have it both ways - you want the benefit but do not want to comply with the requirements. If you do feel that the Tribunal has made an error of law you can appeal - it was in the paperwork you were given with the decision but you only have a month but do you really want the hassle of waiting for yet another date? Why do you not want to be in the Work Related Group?

gazfocus

I know exactly how the OP feels.

I am a carer for my fiance who has Asperges Syndrome and she has been claiming ESA since last October but because ESA keep messing around, she still hasn't had the medical that she should've had within the first 14 weeks. She has had to go to a work focussed interview which was her worst fear and made her physically sick but these people just don't care at all.

I agree that they're only doing their job but when you get anxious about meeting anyone, the work interviews are a very daunting experience.

survivor_13

hi, at the tribunal i was given the decision that i had limited capibility for work and the checklist with the criteria i met which gave them this conclusion. There was nothing stating which group i would be eligible for, and thats why i wanted to know which criteria i needed to meet for their decision yesterday to put me into WRAG.
The letter i recieved informing which group i have been into, states that the decision was made based on the medical assesment Dated *26/10/09*.
The medical referenced was my original medical which was deemed to be incorrect by the tribunal on may 27th 2010.
I have multiple illnesses and since the original assessment, as bad as it already was, my health has substantially deteriorated. It Just seems ludicrous that finally they've accepted the evidence from the tribunal to satisfactorily meet the criteria to have limited capibility for work, but then assess me based on their initial findings which were proven to be wrong.

im sorry but it just seems like they dont know what they are doing at ESA. Admittedly i didnt ask which group i would be put into at the tribunal because i was so relieved and automatically assumed based on the findings that i would be in support group, but even the conversations i had with the doctor and lawyer at the tribunal indicate i should be in support group. I understand that isnt evidence i can use but they clearly stated i needed alot of time to come to grips with the way my life has changed and how i can be possibly treated.