ESA Appeal

lyndac40

HI everyone thanks in advance for any advice.

I got a letter saying my appeal date was the 11/11/11 at 10.30am. I rang my representative last Monday as I had not heard anything from them. I was told they had not received the date of the appeal and they are only able to represent me on either a Monday or a Tuesday I rang the tribunals place and let them know. They said I had to ask for a postponement in writing. I sent the letter recorded delivery the next day.
I got a phone call this morning saying this had been declined and I have to attend on Friday:eek:.
As you can imagine I am totally unprepared for this and would like some advice as how to best handle this situation.

Thanks again for any advice.

Lynda xxx

rogerblack

Well - attend, and do your best.
Read and understand the medical report about you.
Find out what parts can be disproved by evidence you can show.
Read and understand the criteria for ESA - what descriptors you might get points for.

If you're unclear on this, then posting some details about your condition might lead to suggestions.

cit_k

When where you first notified that the hearing would be on the 11/11th?

Did the tribunal give a reason for not allowing it to be postponed out of interest?

lyndac40

Hi cit_k,

Thanks for your reply.

I have had a good read of the report today and found a few things I disagree with. I have printed out a sheet of points to take with me. For example I was asked how I got to the assessment I said I had drove. They didn't ask if my car was a motobility car I thought the whole point of me having a car was to get myself out and about. They said something about the appeal process had already started when my representative got in touch with them. So maybe it was my fault not getting in touch with some one earlier the clinics that the welfare rights hold round here are at different times and places every week and when I did manage to go I had to wait 2 hours before I saw someone.

A wee bit history of my medical history.

I had to give up my job 2 years ago after suffering severe pain in my right hip. I was eventually given a total hip replacement in August 2010. I have had severe pain and a limp since this was done I had this pain and limp before so its nothing new. When I went to see my surgeon in September he was full of apologies and was very sorry although the hip replacement was doing what it was suppose to do it had not solved the problem. It is no better than it was before but at the same time it is not any worse.

Lynda xxx

Richie-from-the-Boro

- as rogerblack has said - you must appeal
- you must go yourself in person
- as rogerblack has stated read and understand the medical report about you, and brush up as best you can on the descriptors
- and crucially describe in detail your care and mobility needs to disprove what was written about you by your medical assessor

lyndac40

Hi Richie,

Omg that takes some reading need to find my glasses for that one.

Chorlie

Is your Appeal due to you not being awarded ESA (didn't get the 15 points needed) or because you were placed in the WRAG and not the Support Group?

I'm guessing it's the first reason.....

If so you have to fully read all the descriptors (and more importantly fully understand them) and being 100% honest with yourself (which may mean asking other people also to be honest with you) see how your disability fits each of those descriptors and add up the points to see if you get yourself to at least 15 points, then at your Appeal you have to fully explain / show evidence that confirms this.

As for your Motability Car I don't see how this makes any difference to your ESA Claim, there isn't a descriptors that covers Motability Cars.

Lynella

Good luck for your appeal tomorrow. Let us know how it went.

lyndac40

Hi Lynella,

Thank you for your good wishes. Had my appeal today no decision they said they will write to me in the next couple of days.

Lynda xxxxx

lyndac40

Hi everyone,

Got a letter this morning my appeal has been disallowed. What next any ideas.


Lynda xxxx

sunnyone

lyndac40 wrote: »

HI everyone thanks in advance for any advice.

I got a letter saying my appeal date was the 11/11/11 at 10.30am. I rang my representative last Monday as I had not heard anything from them. I was told they had not received the date of the appeal and they are only able to represent me on either a Monday or a Tuesday I rang the tribunals place and let them know. They said I had to ask for a postponement in writing. I sent the letter recorded delivery the next day.
I got a phone call this morning saying this had been declined and I have to attend on Friday:eek:.
As you can imagine I am totally unprepared for this and would like some advice as how to best handle this situation.

Thanks again for any advice.

Lynda xxx

When was your medical?

If it was under the new rules you will fail as (I kid you not) the old criteria was unfair to wheelchair users who work!

I have just been reading the PIP criteria and it looks like they are going to do the same there and take away HRM if you can walk, I think they will just keep changing the rules until they reach the secret magic number thet they have in their minds of how many disabled/sick people they are prepared to give benefits too.

You can claim again if the medical was over 6 months ago but they might not pay you until you "pass" a new medical or if you have grounds you can go to a higher tribunal, someone who understands the rules will be along to explain it more soon.