ESA appeal help?

Muttleythefrog

geriann priority I think is following what roger has just said... the medical report in question that may exist is an ESA85A (ATOS advice to DWP where face to face medical not conducted). But your whole issue of what to write in appeal and what evidence supports you or could support your case depends on you first identifying the Support group criteria you think you meet... because we could be going down a blind alley here... your case will rest on convincing either DWP DM or a tribunal that Support group criteria is met... but I'm not sure you know yourself what criteria you meet if any.... check.

broad-sword_2

xXMessedUpXx wrote: »

Not sure about the OP but for those on contributions based, being in the WRAG means a one year limit, where as there isn't a limit on support group.

May also be because if them being able to make you go on the work programme indefinetly.

Sorry, limit is three years in either (three years applies to terminal cases usually)

broad-sword_2

OP, appeal and ask to be put in the Support Group. The GL24 is the appeal form but any letter will do as long as you use say 'I wish to appeal'.
Detail time - ESA85 is the report issued after an ATOS medical assessment. The ESA85A is what they use to pass on 'scrutiny' - ie based on the ESA50 Questionnaire and any supporting evidence - usually WRAG....

Muttleythefrog

broad-sword wrote: »

Sorry, limit is three years in either (three years applies to terminal cases usually)

You're thinking in terms of period before reassessment... she's talking in terms of actual payments.

PippaGirl_2

Geri, being in the wrag is a positive thing. The advisors you meet are not allowed to pressure you or insist you take any advice they give you so there is nothing to worry about. No one I know has ever been pressured and in fact they have all found the interviews really helpful and reassuring. Sometimes they can refer you for further help with anxiety and depression related symptoms, with your permission of course, nothing is ever compulsory. I have severe depression and anxiety myself and have a myrriad of mental health support around me but still go to these interviews just in case something new is offered that might help me - I so want to be well and want to be well enough to work. I guess this is the stand point initial question; do you want to be well? Do you want to be better? If so I would grab any chance you get of an opportunity where something that might help might be offered to you where it wouldn't otherwise. Bearing in mind nothing they offer is compulsory and they don't pressure you, why not go along and just listen and see if something is helpful?

geriann

thanks for the advice everyone.
on got the appointment letter on the 27th july...confirming my 3rd of Sept' appointment.
it just says it's a "Personal Advisor Interview" = is that the work-focused interview? that i'd have to go to about 1x per mth for 6 mths? unless there's an "acceptable reason" why not able to attend...any idea what that means?
are these interview delayed when you're appealing?
i heard of people asking for thier 1st appointment to be on the telephone. not sure if that would help me, because i'm liable to get so anxious i'd hang up!
i've also heard if i ask i might be able to have the appointment/s in a private room. of course i'll still be terrified, but it's something to consider i suppose.

PippaGirl wrote: »

No one I know has ever been pressured. Sometimes they can refer you for further help with anxiety and depression related symptoms, with your permission of course, nothing is ever compulsory. do you want to be well? might help might be offered to you where it wouldn't otherwise. Bearing in mind nothing they offer is compulsory and they don't pressure you, why not go along and just listen and see if something is helpful?

thanks PippaGirl. i really hope whoever i see is understanding.
there are so many people posting [on many websites] about bad exeriences.
i know when in WRAG they can't force you to go back into paid work...but they can make you do an [unpaid] work placement/voluntary work for upto 40 hr per wk.
they seem to say everything is voluntary, but people have been told to do such things or lose all/some of thier ESA!:eek:

rogerblack

PippaGirl wrote: »

Geri, being in the wrag is a positive thing. The advisors you meet are not allowed to pressure you or insist you take any advice they give you so there is nothing to worry about.

This is incorrect.
They can insist you perform 'work related activity' - which can be anything except applying for work, doing work, or undergoing medical procedures.
Specifically, it now can include being required to take part in unpaid (or not properly paid anyway) work experience.

Only suitable people are supposed to be referred to the work program.
But this relies on the discretion of the advisers.
It, and the subsequent actions of work program providers do not have very useful right of appeals in practice.

For those in the support group, they can volunteer for this support.

The support group also triggers extra funding, which may enable you to do your own training, as well as this, or fund things that may help with health.

Addressing specifically those in the OPs position - on income-related ESA.
The migration to UC will happen in only a few years.

I would recommend that most people who feel they meet one or more support group descriptors, and that have a pretty much inarguable case for the work-related group (your award can be removed on appeal) appeal.
Once the month has passed, your rights to appeal diminish lots, and go away entirely after 13 months.

HB58

Geriann - you are still obliged to comply with the WFIs while appealing, otherwise the WRAG portion of your benefit can be sanctioned.