ESA work group to support group appeal.

olias

Hi, wife has been on IB since 2000, she is also on dla. Physically, she suffers from degenerative disc disease and joint hypermobility. Mentally, she suffers from Bipolar disorder and Borderline personality disorder. She also has faecal incontinence due to severe laxative abuse in the past relating to eating disorders and body dysmorphia. She has just been told she is being moved onto ESA work based group. There is no way she is able to work and her CPN, GP and the welfare advisor who helped her fill in the forms, have all said the same, and that she should be in the support group. She will appeal and the welfare advisor will help with this.

Does anyone have any experience of these appeals, and whether others have been successful in overturning the descision. Also does the appeal always result in a medical and/or a tribunal or is it likely that it could be overtuned on the basis of them reviewing the existing evidence alone? Thanks

Olias

Two4Tuesday

I also suffer from daily faecal incontinence (I have no bowel control whatsoever) due to functional limitations after surgery to correct a congenital condition called Imperforate Anus. I successfully appealed to move from WRAG from the Support Group based only on the medical evidence.

You need to get your doctor to write a clear letter stating how the condition affects your wife, the severity and the frequency. If she has a loss of bowel control sufficient to require a change of clothes and cleaning at least once a week then that should be sufficient for the Support Group. If it's once a month or more, but less than once a week, this is sufficient for the Work Related Activity Group (WRAG)

olias

Hi thanks, anyone else have any experience of the appeals side in a situation like my wifes?

Olias

Cpt.Scarlet

With the greatest respect, her ability to work or not is irrelevant to her being put in the Support Group.

To be be placed in the Support Group she needs to meet one or more of the criteria see schedule 2 on page 9 of the following

http://www.legislation.gov.uk/uksi/2011/228/made/data.pdf

You have one month from the date on the decision letter to lodge an appeal, ideally on a GL24 appeal form.

The DWP will first carry out a Reconsideration, you can submit additional evidence if you have any, if they still place her in the WRAG then her papers will be forwarded to the Tribunal Service for a hearing.

Reconsiderations can take upto 3 months and appeals a further 9 months on top of that although there are regional variations.

Good luck

snoopy89

just shows that this system needs to be thrown in the bin, its a disgrace. whats wrong that the fools that cant see there is a problem and they can not work. its time and time again tax payers money is wasted due to stupid fools with computers and pens and no common sense.:mad: and the same trolls that come out with the same i love atos crap.

olias

OK, my wife has been invited to her first work group 'personal advisor' interview. She has also had confirmation that her appeal has been lodged.
My question is, does she have to attend these interviews pending the results of an appeal? If so, and she is unable to due to her mental health, can she provide a doctors note to excuse her, or what does she need to do? Thanks

Olias

nannytone_2

yes, she still has to attend, but a letter from the doctor MAY delay ir.
she can request that it;s done iver the telephone though.

olias

Thanks for that.

Well what a farce! Have spoke to the jobcentre and they have said that 'if' they speak to my wifes CPN and 'if' she says my wife is too unwell to attend, and 'if' the jobcentre boss agrees, then they 'may' be able to defer the meetings for up to 3 months.

Well with the backlog the DWP has, her appeal will take over 12 months, so I asked what happens after this 3 months deferral? Apparently she then has to attend no matter what!

I wonder who will take responsibilty for the detrimental affect this is all having on my wifes mental health?

Olias

vvvvvvvvvvvvvvvv

http://atosvictimsgroup.co.uk/category/atos/

Spamfree_2

I should imagine that just about every single person affected by these changes thinks they should be dealt with first and that their health is worse than everyone elses. That is why there is such a long backlog.

Aren't these interview for 30 minutes or so (sure I've read that on here), it's worth going to make sure the money turns up in the bank every week surely?

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http://www.youtube.com/watch?v=2pNKg6diFh0