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ESA appeal.

good morning all.

I have posted on here a couple of times about my dd. She is autistic and has a number of health issues, including a recently diagnosed auto-immune disorder.
Some months ago she became to ill to work and for the first time in her life (mid 20's, but has been unwell for much of her life) tried to claim benefits. She applied for ESA.

She was refused ESA on the grounds that her asthma was not a serious enough illness to prevent her working. She was refused ESA and told to claim JSA.

This was a big surprise to her and the rest of the family, as she does not have asthma, has never claimed to have asthma and most certainly did not put it anywhere on the form. The only person to mention asthma was the ATOS "health care professional" who said something along the lines of "so, this auto immune disorder is like asthma then." My dd does have reduced lung function from repeated chest infections, but no asthma.

Anyway, one appeal later and my dd was told yesterday that she is now in the support group. Surprised???? you could have knocked me over with a feather. From "go get a job" to "support group" in one jump, do not bother with wrag.

Oddly enough I feel at a bit of a loose end now. Fighting this appeal has filled my days for quite some time, what with trawling the interweb and keeping up with the changes. My dd was not at all concerned. She said that because she knew she was entitled to it she knew she would get it!!!

Anyway, my rambling point is to firstly to say "thankyou" to just about everyone who contributes on this board and the disabilities board, rogerblack springs to mind, but I took note (and used) advice offered by many people. And secondly, to say dont give up. If you are refused by ATOS please please fight the decision. The case worker who contacted my dd during the appeal was much more helpful and polite, and even seemed to listen to what we had to say.

So, many thanks

churchrat.
LBM-2003ish
Owed £61k and £60ish mortgage
2010 owe £00.00 and £20K mortgage:D
2011 £9000 mortgage

Comments

  • Congrats on winning the appeal and it is great news that you DD has been put in the support group.

    Personaly, if you haven't already, I would put in a complaint to Atos, about the fact that the so called professional invented more issues for your DD, asthma and auto immune diseases are very different. I have an auto immune disease myself, and get sick of people telling me what is wrong with me, because they don't understand it.

    Glad you have had this good news, and it brings hope to me, that the appeals we are awaiting for my partner will work out well :)
  • blondee55
    blondee55 Posts: 117 Forumite
    Well done on winning the appeal, I cannot believe how bad ATOS actually are with their "medical" assessments.
  • Muttleythefrog
    Muttleythefrog Posts: 20,671 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Great news... should be due some backdating too... might take them a few weeks though... their admin is certainly no better than decision making... in fact I'd argue even worse...lol. Make sure you keep that tribunal decision safe... may be useful for future evidence... or at least to direct as to why might get Support Grp awarded again when re-assessed . :)
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
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