ESA Appeal - Medical Certificates?

sjames_77

Hi, I was wondering whether somebody has an answer to a minor query I have, but cannot seem to find an answer by Googling. I have been in IB for around 5 years, I recently got my IB to ESA forms, etc. and have had my ESA medical, which I have failed (after hearing plenty about ESA I was kind of expecting this).

I intend to appeal. I know that new ESA claimants have to continue sending medical certs throughout their appeal process as they would have done before their medical; because I am transferring from IB and haven't needed to send medical certs for more than four years, is that still the case in my situation? I was just wondering whether I can send my appeal off ASAP or need to see my GP first!

Torry_Quine

You will need to send in fit notes from your GP as long as the appeal is going through.You only have a month to put in the appeal so make an appointment quickly.

Muttleythefrog

As above... sicknotes required to continue getting assessment rate ESA while appealing. Make sure you get a copy of the evidence the DWP used to take their decision so you can make your appeal case well informed... this should include the ESA85 ATOS medical report that almost certainly was as good as rubber stamped.

Regarding timing... well DWP admin is extremely poor regarding ESA... try to keep it as simple for them as possible. You can always state in your appeal request (in a letter or using DWP's GL24 form) that you'll supply further details of your appeal case when you've studied the evidence and/or consulted legal/medical professionals. Any supporting evidence you can get into the process then do so... medical opinion relating to the descriptors could be very useful. But regarding sicknote.. probably best to try to get it timed to fit with the date when your benefit payments (will) stop.

helpfulperson

Don't risk missing the appeal deadline if you cannot get to see your doctor for a certificate. You can always send it in when you get it.

I would always advise people to get help with an ESA appeal from their local Citizens Advice Bureau (or similar). If you go all the way to a tribunal and get turned down, it will be too late for anyone to help you.

About 40% of people win their appeal, but I'm sure the percentage is higher for those who get help.

sjames_77

Thank you, you've all been very helpful. Luckily I managed to get an appointment today and I now have a certificate for 6 weeks with my GP saying he will renew them when needed. Regarding the actual appeal form - what kind of information do I include at this stage?

My local CAB (as are many, I'm sure) is extremely busy and I've not been able to see anybody yet, but I'd rather keep it as brief as I can until I have some advice and, of course, the ESA85 document available to me (can I request this when in writing with the appeal form?).

Muttleythefrog

sjames_77 wrote: »

Thank you, you've all been very helpful. Luckily I managed to get an appointment today and I now have a certificate for 6 weeks with my GP saying he will renew them when needed. Regarding the actual appeal form - what kind of information do I include at this stage?

My local CAB (as are many, I'm sure) is extremely busy and I've not been able to see anybody yet, but I'd rather keep it as brief as I can until I have some advice and, of course, the ESA85 document available to me (can I request this when in writing with the appeal form?).

Call them (DWP) ASAP and ask for a copy of all the evidence they've used including the ATOS medical report ESA85. I wouldn't mess about requesting such when your form goes in.. there's probably a decent chance they'll overlook the request... their admin is appalling. It's yet another reminder to people that they should be requesting such evidence as soon as it exists.. probably long before a decision is even taken to reduce anxiety and/or give plenty preparation time for what is to follow.

But regarding what you need to state on the form.. we can only be generic here.. and to be honest the form itself is quite explanatory. Obviously you need to give your details.. etc. But the most critical bit is actually stating the details of the decision you're disagreeing with and why (refer sections 4,5,8 on form)... and it's hard to advise beyond what the form advises in point 5. The benefit is ESA.. their decision is that you do not have limited capability for work (qualification for WRAG) and do not have limited capability for work related activity (qualification for Support group).. depending on your circumstances I'd state this decision is wrong because should be found to have LCW and/or LCWRA as descriptors x, y, z apply. It's hard to advise without knowing great detail of your circumstances. But I would add then that you will be making legal consultations (and perhaps medical ones too) and will need to review the evidence they've used to take the decision that as yet you've not received.. and that following this they should expect more details of your case for appeal.

sjames_77

Thank you immensely for your help, Muttley. I have requested the ESA85, but unless it arrives very soon I guess it'd be sensible to get my appeal form in without it? (I have two weeks left).

In brief, my claim is for anxiety, insomnia and depression and I landed 0 points. I have attached a letter to the form explaining that I don't think the full scope of my condition was reflected in the decision and have explained how it relates to each descriptor for mental health. I have tried to do this all as concisely as I can. Does this seem like the kind of thing required at this stage?

Also, another minor query, as I haven't sent in medical certs for ESA before - where do I send them? Can I put it in with my appeal form?

Thanks in advance for any replies!

Muttleythefrog

sjames_77 wrote: »

Thank you immensely for your help, Muttley. I have requested the ESA85, but unless it arrives very soon I guess it'd be sensible to get my appeal form in without it? (I have two weeks left).

In brief, my claim is for anxiety, insomnia and depression and I landed 0 points. I have attached a letter to the form explaining that I don't think the full scope of my condition was reflected in the decision and have explained how it relates to each descriptor for mental health. I have tried to do this all as concisely as I can. Does this seem like the kind of thing required at this stage?

Also, another minor query, as I haven't sent in medical certs for ESA before - where do I send them? Can I put it in with my appeal form?

Thanks in advance for any replies!

Yeah I'd be tempted to make sure you try to get it in with a week to spare... then hopefully the DWP will have processed if before the deadline before which you could check to see if they've received it.

On your second matter... yes.. as long as you've said thet you disagree with their decision and have made a basic case that you should be found to meet various descriptors x, y, z and that they should find you to have limited capability for work (LCW) and/or limited capability for WRA (LCWRA)... then that should more than do. Make sure you check the support group descriptors and make a case for LCWRA if applicable. Then it is a case of bolstering your claim that the descriptors you think should apply do apply if you can. It's hard as an outsider really to advise on finding that position of making sufficient a case for appeal that it is accepted as a valid appeal request without committing yourself too much before you've gotten the evidence and taken legal advice... it's that aim of lodging valid appeal without saying things that could later come back to haunt you.

Regarding address... I'd use address at top of DWP ESA letters for your correspondences and medical certs... it probably will be a benefit delivery centre local to you.

Make sure you keep a copy of everything you send and document the date you send it... ideally send it recorded delivery or better.