ESA Appeal...

Ellejmorgan

Would anyone advise please...

I've been in the WRAG for approx 3 years, income related...

I have spinal problems and severe depression, the depression has previously required hospital treatment, I'm waiting for surgery on my neck, had 2 previous ops..I take a wide range of opiates and other relievers...
My condition will not get better, it might not worsen I am being sent for counselling to cope, physiotherapist says it can't be fixed..

I have completed 2 x EA50's in 10 months and had my last medical in April, I wasn't informed of the decision of this medical but my payments continued..

Yesterday I got another EA50 in the post so I went to my JC advisor she stated that I am supposed to have a medical every 6 months, wow, I was shocked..
The medicals are a nightmare, hard to get to and involves having the kids off school for the day, the last medical the doctor asked my 11 year old to look after her sister and complained that I had the kids there...


The JC advisor was extremely concerned for me, was amazingly supportive, helped me fill out this ea 50 and an appeal..

I don't need to move to the support group as such, I just need them off my back, Worst case I could claim I.S, but as I'm ill I shouldn't have to..
Will my payments go down now, what will happen ??

Any advise please, I'm struggling with this...

Face1992

Will it be a drastic reduction in money?

Ellejmorgan

Face1992 wrote: »

Will it be a drastic reduction in money?

I need to know what the appeal process will be, do I have to go to the next medical which the ea50 will generate..

This isn't about going on I.S, i'm sick and should be on the appropriate benefit..

Face1992

Ellejmorgan wrote: »

I need to know what the appeal process will be, do I have to go to the next medical which the ea50 will generate..

This isn't about going on I.S, i'm sick and should be on the appropriate benefit..

If you want the money to continue, you would have to go to the medical wouldn't you?

Is there a lot of difference in what you would get from sick money as opposed to IS money, ie is it worth all the hassle of medicals and everything?

Ellejmorgan

Face1992 wrote: »

If you want the money to continue, you would have to go to the medical wouldn't you?

Is there a lot of difference in what you would get from sick money as opposed to IS money, ie is it worth all the hassle of medicals and everything?

I have submitted an appeal, does this mean I go back to the assessment phase, does the appeal mean I stay as I am or that the medical is put on hold...

I'm not debating the income support any further it is the wrong benefit, I will claim that if essential but at this time I am appealing as I am sick..

Torry_Quine

Re-assesement for ESA isn't necessarily every six months, it varies between six months and three years. Also how old is the youngest child as I think that you can only get IS until the youngest child is five and then it would have to be JSA/ESA.

While appealing ESA you will get the assessement rate but if sucessful it will be backdated. However you aren't at that stage, first you have to see what happens with the form and you may not even need a medical this time.

Ellejmorgan

Thanks Tony..

It states on the system to be re-assessed every 6 months, including medicals

I could claim I.S but It's not appropriate..
The appeal is submitted, what I need to know will I still have to attend the medical center, and will I be sent back to the beginning of the assessment phase, basic rate and medical notes etc..

Cpt.Scarlet

What are you appealing?

You say that you are already in the WRAG and have just received another ESA50!

When was the last decision on your claim, because if it was more than a month ago, which your post suggests then you can only appeal if you show Good Cause for a late appeal.

Assuming your appeal is accepted you will continue to receive the WRAG rate, however, if your current assessment results in you being found Fit for Work then this will be reduced to the Assessment rate. The result of this new decision will also limit the award that a Tribunal might make.

Ellejmorgan

Cpt.Scarlet wrote: »

What are you appealing?

You say that you are already in the WRAG and have just received another ESA50!

When was the last decision on your claim, because if it was more than a month ago, which your post suggests then you can only appeal if you show Good Cause for a late appeal.

Assuming your appeal is accepted you will continue to receive the WRAG rate, however, if your current assessment results in you being found Fit for Work then this will be reduced to the Assessment rate. The result of this new decision will also limit the award that a Tribunal might make.

I haven't had any notification of the decision at all, I was under the impression I could if I haven't received a statement of resons..
The JC advisor helped with the forms to move me to the SG, she said this may get them off my back..

I do fit the SG descriptors based on arm problems, memory loss and incontinance..

My condition isn't going to improve and being assessed every 6 months is hard to cope with..

Cpt.Scarlet

Just to add some extra points.

Appealing does not excuse you from completing the new ESA50 or attending a WCA assessment if required. You will also have to attend WFIs as requested.

Given you have been placed twice in quick succession into the WRAG, unless your condition has deteriorated, do you actually meet any of the SG criteria?

Depending on where you are, the appeal process (reconsideration + tribunal hearing), could take a year to be resolved, so if your file is saying assessments every six months then you may have further re-assessments.

Ellejmorgan

Cpt.Scarlet wrote: »

Just to add some extra points.

Appealing does not excuse you from completing the new ESA50 or attending a WCA assessment if required. You will also have to attend WFIs as requested.

Given you have been placed twice in quick succession into the WRAG, unless your condition has deteriorated, do you actually meet any of the SG criteria?

Depending on where you are, the appeal process (reconsideration + tribunal hearing), could take a year to be resolved, so if your file is saying assessments every six months then you may have further re-assessments.

We did the ESA50 as well as the appeal..

Thanks for trying to help..