Failed ESA medical

Muttleythefrog

Kaylee87 wrote: »

Hi thank you for all your advice! Do you think it's best if I send off the appeal and let them to the reconsideration from that or if I ring them when I get the letter through that explains the questions I got 'wrong' from them?

To be honest my immediate advice would depend upon how competent you think you are in making a case for appeal yourself and also whether any supporting medical evidence could be obtained.

What you could do to get the ball rolling is write (and supply 'fit note') saying you wish to appeal against the ESA decision made on date x that you are 'fit for work' as you disagree with it. At this point I personally would state the descriptors that apply to me and basically why and therefore the decision or WRAG or Support group as applicable that they should reach - you may or may not feel able to do this. I would state that you'll be seeking legal advice and making medical consultations as appropriate and will supply further details on your case for appeal in due course. In effect the aim would be to lodge appeal by giving minimal info necessary with a view to getting in further info later if possible for them to use in reconsideration (and later appeal tribunal if necessary)

I would state that you desire to continue getting ESA at assessment rate while appealling and include a fit note as qualification.

I would ensure they are sending you the paperwork you need... it's hard to tell from here what you've actually discussed over the phone with the DWP agent. But take the view that if you don't ask for something you won't get it... the DWP can be extremely unhelpful to people like you in your situation. I'm not sure what letter you are expecting to receive - you can request a statement of reasons for the decision but the DWP may already feel they've supplied it... there is great confusion about this issue... regardless the SOR or similar will be limited in the information it gives about the decision they reached... or at least how it was reached. And I would seek 3rd party legal support if you think you need it... it's always difficult for an outsider like myself to determine the requirement but I always tend to have in mind when sitting here that some people will not be capable or competent sufficient to do themselves justice in the process.

skibadee

OP are you on any medication?

PippaGirl_2

Debt_Tired wrote: »

The DWP recently changed the assessment of people with mental health problems. Now it is not enough to feel suicidal, depressed, anxious and/or suffer from panic attacks. You have to prove that if employed you will be disruptive in the work place and/or difficult to work with.

I've not heard of this, please could you link to some official information on this? It's certainly not what I've experienced thankfully.

melbury

If you are currently in the support group and then after attending a medical get put in the WRAG group but you are on contribution based ESA and have been receiving it for me than a year, does the money stop immediately, even before you get a chance to appeal?

Also, if you appeal do you have to start sending in doctor's certificates again?

Cpt.Scarlet

PippaGirl wrote: »

I've not heard of this, please could you link to some official information on this? It's certainly not what I've experienced thankfully.

There has been no change to the ESA mental health descriptors, or any other descriptor, since March 2011, although there have been updates to the guidance on interpreting several of the descriptors.

Cpt.Scarlet

melbury wrote: »

If you are currently in the support group and then after attending a medical get put in the WRAG group but you are on contribution based ESA and have been receiving it for me than a year, does the money stop immediately, even before you get a chance to appeal?

Also, if you appeal do you have to start sending in doctor's certificates again?

If you have already spent 365 days in the WRAG prior to being moved from the SG into the WRAG then you should expect your payments to stop immediately, unless you are also eligible for ESA(IR).

As you would still be classed as having Limited Capability for Work, you do not need to provide Fit Notes while appealing.

outtawork

I had my Atos medical last December and I also am appealing. I have sleep apnoea & osteo arthuritus. I have been receiving Contribution - based Esa until now , today I received a letter stating I am being moved to Income based Esa as I have been on it for 365 deays. To complicate matters I have had stroke, which they have been informed about. What happens about my appeal now, as my original claim has has changed?

vanguard1

Muttleythefrog wrote: »

They're in the WCA handbook too
docs/wca-handbook.pdf

Is that handbook relevant for the PIP too or does the PIP have a seperate one?

Muttleythefrog

vanguard1 wrote: »

Is that handbook relevant for the PIP too or does the PIP have a seperate one?

It's not relevant... PIP will be a different benefit with different criteria to the WCA of ESA. There may be some similarities of procedure and assessment when PIP is implemented.

Muttleythefrog

outtawork wrote: »

I had my Atos medical last December and I also am appealing. I have sleep apnoea & osteo arthuritus. I have been receiving Contribution - based Esa until now , today I received a letter stating I am being moved to Income based Esa as I have been on it for 365 deays. To complicate matters I have had stroke, which they have been informed about. What happens about my appeal now, as my original claim has has changed?

Your appeal can proceed because the appeal relates to your condition at around the time of the DWP decision you're appealling. What could happen though is that the decision may be restricted to up until the time of the new medical circumstances... it'll probably depend on whether the DWP consider the change in circumstances to warrant supercession... i.e. redetermination of entitlement... you could be reassessed given what you've reported. Have you heard back from the DWP regarding change of circumstances reported?