ESA Appeal

JayWoff88

Hey everyone my first post here just needed some information as im a bit slow haha.

What it is, is ive been claiming ESA due to a lower spinal injury which has forced me out of work.
I was expecting a payment on the 30th of November and did not receive one, when i phoned up they had told my my medical certificate had ran out which i was unaware of and then obtained a new one which i faxed over last Thursday and was told by Job Center staff i should receive a payment either on the same day or tomorrow. Today i thought id randomly phone them to ask if they had indeed received my medical certificate which they had and then i was told that the was a note next to it saying i did not score enough points on my medical to continue ESA. I have been advised to go to my local JC tomorrow and send off an appeal form via fax... i am just wondering what happens once its sent off? am i still paid ESA? If so when do you think i will receive a payment? and how long does the appeal process take .. like the final decision etc.

I dont know whether to laugh or cry as i have been advised on 2 occasions by my GP AND physio that i am not capable of working until my muscles around my spine have strengthened with specific exercises, if this fails i will be sent in for a steroid injection. At the medical it was like the Doctor didnt believe a word i said and i left wishing i had the x-ray pictures to prove my case.

Thanks in advance, sorry about the huge post.

rogerblack

ESA is not a benefit paid because you can't work.
It's a benefit paid because you meet one (or more) of the descriptors - as outlined in http://www.dwp.gov.uk/docs/m-06-11.pdf .

As to the appeal process.
Once they receive you appeal notice (it does not have to be a gl24, a letter will do), you get paid at the assessment rate of ESA.
The appeal process can take up to a year, if the DWP does not reconsider your case.
Look at the above document.
Work out what descriptoers you may meet. See if you can get information to back this up.
This may be statements from doctors, or a diary of your condition as it affects you day-day.

cit_k

In exceptional circumstances the appeal could take even longer, if you have to appeal the appeal. I had to do that once, the process dragged on for two years.

JayWoff88

Thank you very much for you replies, i have to go to my local JC at 10:20 tomorrow to fill in and fax over an appeal form of some sort? when this is faxed over can i expect to be paid the £106.90 again or is there a chance this wont happen? how quickly can i expect a payment? i still have 5 and a half weeks to run on the medical certificate before i have to get a new one from my GP

amus

If its an appeal against a WCA Disallowance i.e. you scored less than 15 points, you will be paid assessment rate ESA which is £67.50.

JayWoff88

is that fortnightly? god damn.

JayWoff88

woops sorry. just realised what you mean, im 23 years old so i recieve the lower rate of money per week which i think is around £53 odd.