ESA appeal what happens?

SERENITY_2

Today i receive a phone call explaining that i had no points on my last medical assessment. The lady said she needed more information. She asks about an illness with my stomach problem and also about my depression. I explain and still that is not enough information. She only mentioned about my depression on the medical assessment. In my medical assessment alot more was said about my mental illness. Any medical assessment in the past i had points for and nothing in my illness has changed so im really confused about that. The lady over the phone advised me to ring job seekers allowance just to tide me over until i appeal and if i win. I am waiting on a form on how to appeal an i will be appealing. What happens when your date arrives for the appeal? The thought of it makes me anxiouse. Is your doctor involved?

thanks

Muttleythefrog

Some questions first. Are you transferring to ESA from another benefit like IB or is this a new claim for ESA or have you previously have assessments like this for ESA? If you are being transferred to ESA then be aware the criteria is different than for the benefit you transferred from.

It sounds like the DWP called to see if you had any oral evidence to give to support your claim... following the ATOS medical recommending you be found to have no descriptors applying to you.

The advice you received on the phone is quite possibly bad advice as often from DWP staff in relation to ESA. If you can get sicknotes from your GP then you could be able to get assessment rate ESA while appealing. To be honest with you I'm reluctant to direct you what to do regarding appealing because my impression is that you may be better advised to seek the support of a 3rd party to help you do that.. CAB, welfare rights etc. What you certainly should do is call DWP and ask for a copy of the evidence they used to take their decision (that should include an ESA85 medical report if you attended a face to face medical.. or ESA85A report if not) and a written statement of reasons for the decision. You... or someone helping you will (then) need to appeal in writing (a GL24 form could be used). If you've got or can get any supporting evidence then do... but again a 3rd party.. CAB or the like may be best to advise here.

After appealling, the DWP will reconsider their initial decision to see if they can change it. That may take a couple of months. If they don't change decision then they'll send the paperwork off to tribunals service to arrange appeal hearing. The tribunal does not involve your doctor.. the tribunal will consist of you if you attend and/or anyone you take... a judge who is legally qualified and a medical person who is medically qualified (could well be a GP) and a clerk who will administrate the event. An appeal could take many months to arrange.

earthbound_misfit

http://www.adviceguide.org.uk/england/benefits_e/benefits_sick_or_disabled_people_and_carers_ew/employment_and_support_allowance.htm#appealing_against_an_employment_and_support_allowance_decision

You need to get your appeal in within one month. Don't bother asking for a reconsideration first, as they will do this automatically when you lodge an appeal.
Be wary of advice from DWP or Atos given over the phone - ask them to put everything in writing instead, or at least get the name of the person calling and keep a record of the time etc. (In case you need it in future).

The basic appeal form needs to be in within a month, however any back up medical evidence can be sent after this time. Keep copies of everything and send it all recorded delivery if possible. (They seem to have a pretty high rate of 'losing' stuff.)
Have a look at the ESA descriptors: http://www.tameside.gov.uk/esa/wca
you must score enough points on these to get ESA. This is the "Work Capability Assessment". In addition there is the "Limited Capability for Work-Related Activity" test which determines whether you are put in the "Work-Related Activity" group (expected to make steps towards work) or the Support group (no conditions of benefit, like previous sickness benefits).

In the meantime, you can get assessment rate ESA, which is the same amount of money as Jobseeker's Allowance (about £71 a week). You will need to keep providing drs notes (now known as 'fit notes') certifying you as unfit to work, until your appeal is heard. This could be quite some time, so may be an idea to look at budgeting in the meantime with tips from these boards.
ESA will automatically contact housing benefit (if you get this) to say you failed the medical, so you will need to contact them too to explain your position and continue to receive housing benefit.

SERENITY_2

thank you both for the replies. I have been for medical assessments in the past and never failed them. I contacted welfare rights as someone close to me advised me to do so. The lady from welfare rights told me not to go onto job seekers and thought it was typical of the lady who called me this morning to say so. She explained that she would help me with the appeal form and also told me to get a sick note from my doctor to take into her and she will send it off the same time as sending the appeal form off. She has said she will talk me through things and be there when i get my appeal date. She also explained that i should have had a letter come through explaining i had failed the medical so have that in writing.....the welfare lady made me feel really comfortable talking to her as im not good at all talking over the phone due to nervs and made me feel at ease. i just hope it all goes ok. Gets me anxiouse even thinking about talking to other people in an appeal

Muttleythefrog

Agree with the officer you spoke to... what the DWP agent said to you was probably not good advice but does seem to be fairly bog standard. To be honest it does sound like the WRO knows what she's doing. In the meantime what you could do is collect up any paperwork relating to previous assessments you've had or any medical related letters or reports you have... the WRO may be able to use them in some way.

Regarding appeal.. there's a good video out there from the tribunals service covering exactly your concerns regarding appeal... if you do end up at appeal tribunal it'll likely be many months away. If you can attend that is strongly recommended as it statistically improves your chances of success... that's because you can give direct evidence to the tribunal panel.. it's a chance to tell them how it really is.

Let me track the video and add a link when I find it.

http://www.youtube.com/watch?v=2pNKg6diFh0