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Rapid ESA Decision

James123_2
James123_2 Posts: 519 Forumite
edited 26 July 2012 pm31 9:16PM in Benefits & tax credits
I've recently been migrated from IB to ESA (wrag) without a medical. I currently suffer from long-term problems involving my cancer diagnosis.
I was surprised by the speed with which my application was processed - 9 days. This seems unusual given the experience of others. I'm not sure whether I can read anything into this. I guess I should be grateful. However, I am thinking of appealing the WRAG decision. I know this runs the risk of losing the benefit. Before I take this further, can anyone tell me if I run the same risk if I merely ask the DWP to review their decision instead of an appeal. I've already requested the decision notes.
Sorry this is long-winded. Thanks.

Comments

  • Ellejmorgan
    Ellejmorgan Posts: 1,487 Forumite
    I for one think it's appalling that someone with a Cancer diagnosis is placed in the WRAG, i'd appeal...

    Hope your health improves soon ..
    I always take the moral high ground, it's lovely up here...
  • Cpt.Scarlet
    Cpt.Scarlet Posts: 1,102 Forumite
    Tenth Anniversary
    OP - Any request to review the decision, appeal or reconsideration, runs the risk of the award being lost. Given the decision was made without a medical, it would suggest that a negative result is unlikely.

    However, despite other posters being "appalled" that your not in the SG, having cancer, except in limited circumstances, does not qualify you for the group. You need to show you meet one of the SG criteria, if you cannot do this, then there really is no point challenging the original decision.
  • Muttleythefrog
    Muttleythefrog Posts: 20,127 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Agree with Scarlet... take a look at the Support Group descriptors (and for future reference the exceptional circumstance criteria) and if you think you meet such then appealing might be a good option... if you don't think you meet the criteria then appealing would be inadvisable.

    This is the WCA handbook. http://www.dwp.gov.uk/docs/wca-handbook.pdf
    Page 144-146 for Support Group descriptors. Pages 34-38 for other things that may be(come) relevant to you/exceptional circumstances matters.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • James123_2
    James123_2 Posts: 519 Forumite
    edited 27 July 2012 am31 6:50AM
    Thanks for the helpful replies. Really appreciated. I completed my original form with the help of Macmillan and had felt that I'd score 15 points on two of the descriptors. ATOS seem to have dismissed the medical evidence I put together. Given the rapid reply it would seem that my overall case is reasonably strong. So, a review has the same implications as an appeal in terms of it removing the original award? There would seem little point in a review then. I had thought it might be a 'safe' option. An appeal would seem to be the only way forward. Thanks.
  • nogginthenog
    nogginthenog Posts: 2,649 Forumite
    Part of the Furniture Combo Breaker
    I am in the support group and in a similar position to yourself health wise.

    The experts are now finding that 50% of people who have had cancer, are now found to be suffering severe problems.

    To give you a example, several years ago i went back to work too early,and from a simple paper cut i got sepsis, needed 5 units of blood a month in hospital, and had to have the crash team when i was admitted.

    Also Chemo and steroids are now found to cause brittle bones in many people.

    Google late effects of cancer/or chemo and you will get a lot of information.
    You will need to print this out to give to appeal panel.

    These people are also very helpful. if you write to them

    http://www.ous-research.no/longterm/


    I cannot give you anymore info on myself, as what i suffer from is very rare and would give my id away.

    What Muttleythefrog says is spot on, and the way to go is Exeptional circumstances.
    Most GPs do not have a clue about the condition and the DWP are still with the opinion that you are fit 6 months after cancer which is wrong in many cases
    Child of a Fighting Race.
  • rogerblack
    rogerblack Posts: 9,446 Forumite
    In another thread, you state you have limited mobility due to effects of the chemo.
    Are you expected to recover some of this, and was your chemotherapy delivered via a tube?
    Is your condition such that you are expected to need more chemo in the future?

    http://www.dwp.gov.uk/docs/dmgch42.pdf - '
    42364 A claimant is treated as having LCWRA if they are
    1
    1. terminally ill or
    2. receiving or recovering from treatment by way of intravenous, intraperitoneal
    or intrathecal chemotherapy or likely to receive such treatment within six
    months of the date the DM makes the LCWRA determination '
  • Hi there Noggin. Thanks for the post. There are some great pointers on there. Thanks. Cancer is not necessarily something you can just walk away from - even when it's currently indolent, as in my case. Hope you can find a way through. Thanks for taking the trouble here.
  • James123_2
    James123_2 Posts: 519 Forumite
    edited 27 July 2012 pm31 1:24PM
    Roger, thanks for both of your posts.
    Yes, I do have limited mobility. My chemotherapy was over a protracted period of time and was always delivered intravenously. The cancer was very aggressive and the therapy equally so.
    I now have a condition called 'Peripheral Neuropathy' which is a direct result of my therapy. It is painful, permanent and debilitating. I have cancer of the immune system and one of the combination therapy drugs is recognised as being likely to cause this condition. Thankfully, no chemotherapy is due for now.
    So, I'm totally unsure as to where to take this. I've had cancer for just over four years. I think that this has left me without the will to fight my corner on such things as ESA. I have a few weeks to decide.
    Thanks, as ever, for your informative and helpful advice.
  • nogginthenog
    nogginthenog Posts: 2,649 Forumite
    Part of the Furniture Combo Breaker
    James123 wrote: »
    Roger, thanks for both of your posts.
    Yes, I do have limited mobility. My chemotherapy was over a protracted period of time and was always delivered intravenously. The cancer was very aggressive and the therapy equally so.
    I now have a condition called 'Peripheral Neuropathy' which is a direct result of my therapy. It is painful, permanent and debilitating. I have cancer of the immune system and one of the combination therapy drugs is recognised as being likely to cause this condition. Thankfully, no chemotherapy is due for now.
    So, I'm totally unsure was to where to take this. I've had cancer for just over four years. I think that this has left me without the will to fight my corner on such things as ESA. I have a few weeks to decide.
    Thanks, as ever, for your informative and helpful advice.


    I would ask your GP or specialist if you need...Adcal-D3,
    if you are not already on it.
    Get a bone Density test as well.
    Child of a Fighting Race.
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