Esa appeal !

grazzzz

As someone who is currently appealing as due to to my condition ( i contracted a virus whilst scuba diving back in sep 2010 which has disabled my balance system so not only can i not walk far without fear of falling over and to compound the problem i suffer sever fatigue as my brain tries to adjust to the balance problem from my left side balance organ as the right side has shut down completely.
The day before i went to my ESA meeting back in January my employers sent me to a specialist diving Doctor as they wanted to see if they could find me some sort of job that i could do to help me !
The specialist found that i could cause harm to others and to do any sort of work in his opinion would be detrimental to my recovery and in his opinion i could not be redeployed in another roll within our organisation or elsewhere and because of this i actually lost my job on the ground of capability ! The next day i went to ESA meeting and the found me fit for work !
So i have now awaiting my appeal date and I do have to send in sick notes however i now get esa income based until the appeal . yesterday i went to DIAL who have seen a my letters from my specialists and have agreed to help me fight my case . since i lost my job my private health went so am no longer having any pysio or treatment and my condition has deteriorated of which i have a letter from my old consultant saying this as he saw me recently as i had one more consutation with him which had already been paid for by my old company !

So i look forward to my appeal date !

rogerblack

First, and most importantly.
ESA IS NOT GRANTED BECAUSE YOU ARE UNABLE TO WORK.
ESA is granted to those that meet specific tests, which are things that some people may be required to do in work.
If you fail, they do not have to say there is a certain job you can do.

http://www.dwp.gov.uk/docs/m-06-11.pdf are the descriptors (annex A and .

There are major issues with ESA, in your case, on its face.
For example, the 'mobilisation' portion where you may think you can get points for not being able to walk far - you can be assessed as if you were using a wheelchair - if it's reasonable to do so.

You need to contest why it may not be reasonable - for example you've been advised that not walking may cause you to get worse, and reduce your walking activity.

nannytone_2

you ;ost your job one day and had your ESA medical the next?

how does that work?

di yiu submit an ESA claim whilst still employed?

Richie-from-the-Boro

What are you appealing ? (1) ESA "out of work" or (2) the DLA "in work" reduction / or both ?

- injured in Sept 2010
- already in receipt of a 52 week DLAHRM and a ???care [you don't say when] before January 2012
- found fit for work in Jan 2012
- around the 14th March 2012 you put in a GL24 ESA appeal
- in June 2012 your 52 week DLA was reviewed and reduced to DLALRC & DLALRM

benefitbaby

Sadly ESA does not exist to establish if you are able to continue on your chosen profession (which is what your employer's assessments did), the work capability assessment exists to ascertain if there is any work you could do and if there is not then you will have a 'limited capability for work' and qualify for ESA.

If you have a LCW then they assess whether you are able to do any work-related activity to prepare for work in the future, if you are unable to do this then you are placed in the 'support group' if they feel you will be fit for work in the future then you go in the work-related activity group and have to attend work-focused interviews.

The most important thing you need to do is read the qualifying criteria to see if you have a LCW. You need 15 points to qualify and the descriptors are here: www.disabilityrightsuk.org/f31.htm#appendix1

The appeal will look at whether you can undertake the descriptor/s with reasonable regularity and if you cannot you should be awarded the applicable points.

Medical evidence may assist and you can submit this at any time.

Tehya

nannytone wrote: »

you ;ost your job one day and had your ESA medical the next?

how does that work?

di yiu submit an ESA claim whilst still employed?

Hi, when my husband first claimed ESA he was still employed but had been off sick for over 6 months and his sick pay had come to an end.

He also, like the OP, lost his job on capability around the time of his first assessment for ESA, luckily we didn't have too many problems and my hubby has been in the support group since then.

OP: I can't really give any advice but I can say get some help with your appeal from CAB or Welfare Rights etc. Good Luck with everything.