ESA appeals and does winning appeal stop reviews?

Blakespops

I filled in my ESA50 form and waited 2 months to hear anything I have now received a letter placing me in work related group. I was never called in for a medical and although I have requested details of decision and reconsideration etc. I was sent a medical form some registered nurse filled in that agrees with what is wrong with me in his opening lines yet rejects it everywhere else further down his report.

Now I am t appeal my question is simply is it true that now I could end up having a further review before my appeal and have two appeals logged or if you win the appeal does it end this stupidity as it is in my case as the nurse agrees I am bedbound half the time. So how can I work from bed lol

If you do keep being reviewed and continually have to win on appeal could that not amount to torture as it is adding to stress unnecessarily?

if you do keep getting revied and have to appeal each time what is the point in the appeal panel decision being made in your favour in the first place if a month later or however long it is they disregard this and set you off to appeal again?

wouldbeqaulitymoneysaver

I doubt it they may keep sending the form, the ESA50 even after successful Appeal. I would factor in hassle etc to keep your justified benefits and reckon on it being an ongoing process and learn to get very sassy about it.

snoopy89

it’s the stupid and farcical system the idiots have put in place to keep the Atos employees in work and the tory government and bygone labour look like they were doing something about the glass backs all 1% of them causing grief for the ones that really need the benefit system and who have paid into it and of course them that could never work. The more you read the more I despair at what this sicko government is doing to the poor and disabled. Once people are classed as having a lifelong problem that they need help with on middle to high rate care, why should they be reassed every 12 months or 2 years, is the hand of god coming down and saying you are better, don’t be so stupid. People don’t get better although some trolls etc on hear like you to think people do. If that is wright well hay folks im hear, come see me. So in answer, yes I think you sadly have to go on the roundabout weather it’s every year, 2 years or as in some cases just months. These people are a law to themselves until someone takes them to some court and wins a case for the harm they are doing. There I have let of a bit of steam. Sod it.

wouldbeqaulitymoneysaver

Also Welfare to Work Providers who profit of the backs of the unemployed who don't get the help they need to solve the problem of unemployment, let alone disability in all it's various forms.

HB58

The government clearly state that people will not be allowed to 'languish' on benefits (their words, not mine!) without regular reviews. Winning an appeal will not alter this in any way.

In fact, appeals are taking so long at the moment that it is quite common to get the next ESA50 shortly afterwards - or even whilst still awaiting the tribunal. One can only hope that the SOR from a successful tribunal can be used as evidence for the next assessment.

HB58

Everyone has the right to request a Statement of Reasons after a decision, appeal or otherwise.

Ellejmorgan

I was put into the WRAG with ease, I thought about appealing as my health won't improve and my condition affects my arms and legs which fits with the S/G descriptors, but as i'm on Income related it doesn't really matter to me which group I'm in so I left it...

I do think some people [not including CB ESA] appeal when not essential, the appealing side of it is a big battle...

colin13

a friend went for medical,got took off it,went to appeal,wone her appeal,1 year from the day of her last medical,she got another form in,going for medical on thursday,,so they must look and send letteers out yearly

mynameistallulah

colin13 wrote: »

a friend went for medical,got took off it,went to appeal,wone her appeal,1 year from the day of her last medical,she got another form in,going for medical on thursday,,so they must look and send letteers out yearly

The review period will differ for everyone, but you are correct that it is from the date of review, not the appeal.

Blakespops

Logic would state that for the people with progressive disabilities they is no need to further review once placed into support group as nothing would have improved so how on earth can this be saving the government anything?

I have no idea how many points I was given and have had no statement of reasons even though I requested them over three weeks ago and I was also told that asking for a reconcideration of decision was only possible if I put an appeal in. funny how it does not state so in the booklet they sent.

Either way I am guessing it will be shown that this new system will cost more than before and I for one will see about taking them to court as I am progressivly ill and can never get better. For me once you have proven your disability is for life and they have confirmed it that should be the end of it you should not have to prove it yearly.

rogerblack

Blakespops wrote: »

Logic would state that for the people with progressive disabilities they is no need to further review once placed into support group as nothing would have improved so how on earth can this be saving the government anything?

Consider someone with a degenerative sight condition.

As they lose their sight, they will be considerably disabled, and find it difficult to cope with everyday life, never-mind work.

After some time, they may, if they are fortunate, adapt to a point they are coping better.

In some cases, considering work may be an appropriate step, even though their condition has not improved.