Appealing ESA decision

rinabean

I tried to go into this whole thing with a positive mindset. I posted on someone else's thread that I'd felt my dealings with the benefit people were really positive and I was certainly going to get what I was entitled to and it really wasn't so bad as you always hear and then they sent me a letter saying miraculously I'm fit for work! I wonder if my doctor will take it as proof that I'm cured? Because I'm really not fit for work at all.

The letter says I can ask them to look again at my decision (and like, read the words and not use a magic 8 ball to work out their response) and if that doesn't go well I can appeal. My partner rang the number on the letter and after being redirected several times got to the right person who said that actually we can only appeal. They said they'd send a leaflet about the process but I'm really freaking out about all this now. Do appeals normally go ok? Are they just hoping they've put me off? They have, but I'm trying to be brave about this. I really dislike any kind of disagreement.

The letter that says I'm not eligible came with the form filled in and I had 0 points in all the categories. I've looked up the criteria and I ought to have about 50 points, and I mentioned at least half of them in the interview-thing (I can't remember exactly what I said, it's a bit of a blur). Is it 15 that you need? I just don't understand how they have come to the conclusion that I can work based on what I said.

celinepatricia

Gather all the evidence that you can and send it to the DWP with your appeal letter. Ask your Doctor & hospital Consultants to write letters for you as well. My husband was in the same boat as you. got zero points at his medical, but, we appealed and he is now in the work realted group and will soon be put into the support group as soon as his latest medical evidence is recieved by the DWP. Good Luck!!

healy

rinabean wrote: »

I tried to go into this whole thing with a positive mindset. I posted on someone else's thread that I'd felt my dealings with the benefit people were really positive and I was certainly going to get what I was entitled to and it really wasn't so bad as you always hear and then they sent me a letter saying miraculously I'm fit for work! I wonder if my doctor will take it as proof that I'm cured? Because I'm really not fit for work at all.

The letter says I can ask them to look again at my decision (and like, read the words and not use a magic 8 ball to work out their response) and if that doesn't go well I can appeal. My partner rang the number on the letter and after being redirected several times got to the right person who said that actually we can only appeal. They said they'd send a leaflet about the process but I'm really freaking out about all this now. Do appeals normally go ok? Are they just hoping they've put me off? They have, but I'm trying to be brave about this. I really dislike any kind of disagreement.

The letter that says I'm not eligible came with the form filled in and I had 0 points in all the categories. I've looked up the criteria and I ought to have about 50 points, and I mentioned at least half of them in the interview-thing (I can't remember exactly what I said, it's a bit of a blur). Is it 15 that you need? I just don't understand how they have come to the conclusion that I can work based on what I said.

The person on the telephone was wrong, you can ask for the decision to be looked at again but this is not often successful, there is about a 10% success rate.

Your chance of success at appeal is about 40% so obviously more fail than succeed at appeal.

rinabean

I was really hoping the letter would have arrived today. I am really freaking out about this. My heart keeps doing this awful jumpy thing. (Although I'm not yet having the "oh god I'm dying" thoughts so perhaps I am All Better after all. )

I hate forms so much. And interviews. I'm so scared of saying the wrong thing. I am terrified that I will accidentally lie and then get arrested. I don't have any kind of record of lying or anything, I'm just convinced it will happen. This is so not good.

I was looking at DLA. I thought DLA was kinda more serious somehow? But it looks easier to claim than ESA. Also it kinda fits my situation better. I was hoping to get ESA and my boyfriend was going to get JSA and try and get his business running, if it doesn't then get some part-time work, as he can't work full-time as he has to care for me (I hate writing those words so much). But perhaps I should be going for DLA and he could get carer's allowance. I think I qualify for the middle rate of care DLA and the lower rate for walking. But then again I thought I qualified for ESA. I can't believe how complicated and confusing this whole thing is.

Thanks again for your replies.

cit_k

If you have not done so already, ring them up and ask for a copy of the medical report.

Make sure you are sitting down when you read it, as it is likely to be full of lies and absurdities that will make your blood boil.

But it is useful for appeal purposes, as you have more information about what points you are appealing.

rinabean

Well, I asked them for the report right away and they've not sent anything. I don't think I can delay any more so I'm sending my form off tomorrow (after picking up the backdated sick note my GP's done for me as I lost a couple of the old ones. I am so bad with paperwork!) I've written out so much for the reasons section, and all in bloody block capitals too. I feel like my hand is going to fall off. (But if it did, ATOS would still claim I could use it, of course!)

I had to print the form out myself too because they didn't send that either. They really don't want people to appeal, do they? Well, tough

rogerblack

rinabean wrote: »

I tried to go into this whole thing with a positive mindset. I posted on someone else's thread that I'd felt my dealings with the benefit people were really positive and I was certainly going to get what I was entitled to and it really wasn't so bad as you always hear and then they sent me a letter saying miraculously I'm fit for work! I wonder if my doctor will take it as proof that I'm cured? Because I'm really not fit for work at all.

.

The magical powers of the Work Capability Assessment are awesome!

I suggest you read my post on another ESA thread.
http://forums.moneysavingexpert.com/showpost.php?p=41409066&postcount=8

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/BeginnersGuideToBenefits/DG_10013949
How to appeal - is also useful.

cit_k

Think of an appeal as a normal part of the claim procedure and you wont go far wrong..

Its wrong it is happening this way, I believe strongly ATOS are defrauding the taxpayer, and are acting illegally.

If atos wishes to sue me, go ahead and do so, I have plenty of proof of your lies.

bluetoffees

rinabean wrote: »

I tried to go into this whole thing with a positive mindset. I posted on someone else's thread that I'd felt my dealings with the benefit people were really positive and I was certainly going to get what I was entitled to and it really wasn't so bad as you always hear and then they sent me a letter saying miraculously I'm fit for work! I wonder if my doctor will take it as proof that I'm cured? Because I'm really not fit for work at all.

The letter says I can ask them to look again at my decision (and like, read the words and not use a magic 8 ball to work out their response) and if that doesn't go well I can appeal. My partner rang the number on the letter and after being redirected several times got to the right person who said that actually we can only appeal. They said they'd send a leaflet about the process but I'm really freaking out about all this now. Do appeals normally go ok? Are they just hoping they've put me off? They have, but I'm trying to be brave about this. I really dislike any kind of disagreement.

The letter that says I'm not eligible came with the form filled in and I had 0 points in all the categories. I've looked up the criteria and I ought to have about 50 points, and I mentioned at least half of them in the interview-thing (I can't remember exactly what I said, it's a bit of a blur). Is it 15 that you need? I just don't understand how they have come to the conclusion that I can work based on what I said.

Hi Rinabean. Sorry to hear about your ESA assessment. I also failed one scoring 0 points, thinkng I should have had at least 60! This was in April last year and I appealed straight away. Don't wait for the form to come - you can download a copy and fill it in. I went to CAB and they helped me to do this and showed me the list of descriptors that they score the points on. I could not believe it when I read it! I had been waiting for my appeal date which was due to be today, 22 February. However 2 weeks ago I got a letter out of the blue from DWP saying they had looked again at the facts and evidence and had changed their decision in my favour.:j

This has now been confirmed and I am in the Support Group of ESA for 6 months (although I've learned through this forum that I could get called to another medical as soon as 3 months:() and my arrears have all be paid.

So do appeal as soon as possible - you only have 4 weeks I think from the date of the decision. Get as many letters as possible supporting your appeal from Doctors, family, friends, explaining how your condition affects your life and capability to work and send them to the Tribunal Service once you get that far. Good luck, but I strongly asvise you to get help from CAB or other Welfare Rights Agency who can help with filling out forms and accompany you to the Tribunal Hearing. The success rate of 40% rises to 70% when accompanied by an advocate (according to another poster on another forum!)

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