ESA Appeal...

Cpt.Scarlet

Posted at the same time.

You can't appeal a decision if you haven't been notified about it. You need to find out what the result of the April assessment was in particular when it was made. The date of the April decision is a mandatory requirement on the GL24, failure to include it will simply result in the form being sent back.

As I've already posted, appealing will not stop the assessments.

However, the DWP should not start a new assessment within three months of a previous decision, so this may give you some leverage to make a complaint, depending on when the previous decision was made.

Cpt.Scarlet

Ellejmorgan wrote: »

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..

Only if you have actually requested the SoR, and even then I know of only 1 claimants out of several 100s who has actually received one.

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..

If you do and have previously, then you need to think about how you are filling in the ESA50 and presenting your evidence, because you are clearly not convincing ATOS and the DWP decision maker.

Did you present any additional evidence with this latest ESA50?

Ellejmorgan

Cpt.Scarlet wrote: »

Posted at the same time.

You can't appeal a decision if you haven't been notified about it. You need to find out what the result of the April assessment was in particular when it was made. The date of the April decision is a mandatory requirement on the GL24, failure to include it will simply result in the form being sent back.

As I've already posted, appealing will not stop the assessments.

However, the DWP should not start a new assessment within three months of a previous decision, so this may give you some leverage to make a complaint, depending on when the previous decision was made.

Payments carried on at same rate, so I assumed it was still WRAG..

The advisor seemed to think it could be appealed, I have an appointment at the CAB to fill out my DLA forms so think I'll try to find out more then..

I suppose though worst they can do is start the assessment process again..
Surely though, they have to tell me of the decision, I thought that I get a month after the notification..
It's all so complicated...

Ellejmorgan

Cpt.Scarlet wrote: »

Only if you have actually requested the SoR, and even then I know of only 1 claimants out of several 100s who has actually received one.



If you do and have previously, then you need to think about how you are filling in the ESA50 and presenting your evidence, because you are clearly not convincing ATOS and the DWP decision maker.

Did you present any additional evidence with this latest ESA50?

Not sure why I need to convince them, don't they have access to my medical records..
There are endless MRI's, doctors visits, physio visits, hospital admissions, CPN input...

I didn't realise I could submit further evidence

Cpt.Scarlet

Ellejmorgan wrote: »

Not sure why I need to convince them, don't they have access to my medical records..
There are endless MRI's, doctors visits, physio visits, hospital admissions, CPN input...

I didn't realise I could submit further evidence

They don't have access to you medical records, but they can request your GP and/or a consultant detail how you are effected by your condition(s), however, if the DM sees no reason to do so, based on your ESA50 and your ATOS assessment, then they are under no obligation to do this.

You need to treat each ESA assessment as if its a new claim.

Have you got a copy of the ESA50 that you sent in? There is still time for you to send some evidence and better clarrification of how you meet the ESA descriptors.

Ellejmorgan

Cpt.Scarlet wrote: »

They don't have access to you medical records, but they can request your GP and/or a consultant detail how you are effected by your condition(s), however, if the DM sees no reason to do so, based on your ESA50 and your ATOS assessment, then they are under no obligation to do this.

You need to treat each ESA assessment as if its a new claim.

Have you got a copy of the ESA50 that you sent in? There is still time for you to send some evidence and better clarrification of how you meet the ESA descriptors.

The advisor has sent it today, to be honest I'm confused wether I can appeal or not..

I will go along with the medical if I have to, if it gives me time to get evidence together, maybe it's a good thing nothings been submitted yet..

I'm a member of B&W so trying to look for any answers there...

There is no way can they deem me as fit, I have a C5-C6 prolapse, I can't even boil a kettle..

Thanks for your help, you've been brilliant..

maz76

Sympathise as in a similar situation. (Medical issues not improved, have some symptoms that are visibly obvious, others less so. GP has stated unlikely to improve but two medicals a year apart have had completely different results!) I can only say from my experience that the benefits agency seem at best inconsistent with their advice and only add to the unwelcome stress when feeling so unwell anyway. I gave up trying to get the answers I needed from them! Would recommend CAB, they were fantastic and put me in touch with a local disability rights project to discuss the appeal. They reminded me that the decision is based on a half hour largely seated interview with someone who doesn't know you or your daily struggle therefore don't be afraid of stating every detail, however insignificant you think it is. Hope this helps.

Ellejmorgan

maz76 wrote: »

Sympathise as in a similar situation. (Medical issues not improved, have some symptoms that are visibly obvious, others less so. GP has stated unlikely to improve but two medicals a year apart have had completely different results!) I can only say from my experience that the benefits agency seem at best inconsistent with their advice and only add to the unwelcome stress when feeling so unwell anyway. I gave up trying to get the answers I needed from them! Would recommend CAB, they were fantastic and put me in touch with a local disability rights project to discuss the appeal. They reminded me that the decision is based on a half hour largely seated interview with someone who doesn't know you or your daily struggle therefore don't be afraid of stating every detail, however insignificant you think it is. Hope this helps.

Thank you, yes you have helped massively..

Part of me wants to give up and accept income support, part of me thinks no, my life is a misery why shoudn't I get what this is meant to be for..

ESA is supposed to support us when sick and not strong, so why the heck do we have to fight for it..
There's no logic to this at all..

I'm ggoing to call my JC advisor later to check this appeal, then I shall contact my health visitor and family mosaic org who have just assessed me and are prepared to help..

If anyone knows of any other organisations I'd be grateful for your suggestions..

Now's the time I think to no longer accept this, I have for 3 years, now it's becoming a problem..


Thanks everyone..

Torry_Quine

Ellejmorgan wrote: »

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..

I'm presuming you mean me. :rotfl:

I would think you should wait for the result of this ESA50. You may well have to go for a WCA, not a medical as such and if unsucessful at that stage appeal and get assessement rate and send in fit notes.



The appeal to go into support group is seperate from the current assesement of your ESA50.

rogerblack

As I understand it, a fresh determination of capacity cannot be made while you are under appeal.
However, they can in principle gather evidence for later use after the appeal.
I'd need to reread the relevant regulations though.