ESA Appeal sent back for 2nd Mandatory reconsideration!RESULT

bargaingirl

Thought Id share this with you.
In Sept 2013 I finished my 1 year of ESA Contributions based in WRAG. I was not eligible for ESA Income related as husband works over 24 hrs a week. But Of course, I reapplied in July 2013 even if it was just to have NI paid.I continued to plead that I should be in Support Group but they would not have it!.
In Sept 2013 DWP also advised me to apply for PIP, after 14 months of waiting for assessment(Nov 2014) I was awarded higher rate mobility and standard rate living.


Meanwhile my assessment for ESA was May 2014, (10 months after completing forms) Their Decision was that I should remain on WRAG til Nov 15. I appealed after a mandatory reconsideration with CLEAR evidence of my ill health they still said NO to being put in support group.
I put a letter together to tribunal posting all evidence that DWP already had back in May together with my PIP evidence which they should have access to!.


The Tribunal sent my case it back to DWP for a second mandatory reconsideration. I have now been put in Support group for 1 year dated back to June 2014. Why do we have to fight all the time. Where there is clear evidence from professionals surely its a no brainer!

racon

bargaingirl wrote: »

Thought Id share this with you.
In Sept 2013 I finished my 1 year of ESA Contributions based in WRAG. I was not eligible for ESA Income related as husband works over 24 hrs a week. But Of course, I reapplied in July 2013 even if it was just to have NI paid.I continued to plead that I should be in Support Group but they would not have it!.
In Sept 2013 DWP also advised me to apply for PIP, after 14 months of waiting for assessment(Nov 2014) I was awarded higher rate mobility and standard rate living.


Meanwhile my assessment for ESA was May 2014, (10 months after completing forms) Their Decision was that I should remain on WRAG til Nov 15. I appealed after a mandatory reconsideration with CLEAR evidence of my ill health they still said NO to being put in support group.
I put a letter together to tribunal posting all evidence that DWP already had back in May together with my PIP evidence which they should have access to!.


The Tribunal sent my case it back to DWP for a second mandatory reconsideration. I have now been put in Support group for 1 year dated back to June 2014. Why do we have to fight all the time. Where there is clear evidence from professionals surely its a no brainer!

Hey, maybe they think that you will shortly be able to look for/get back into work? DLA/PIP is payable whether you are in work or off sick. On the other hand maybe they are bowing down to public pressure to ensure that you are regularly reviewed?
Mind you there is no rhyme nor reason when it comes to DWP decision making. I was in the Support Group from Sept 09 to June 2014. I only had one review on paper which kept me in the SG. I also received DLA, High mobility/Middle care. Yet when I went over to PIP last year they told me that there was nothing wrong with me - they turned me down flat. They even turned me down for Attendance benefit!!
I now have a clean bill of health according to the DWP, shame that I am unable to function most of the time.

bargaingirl

Sorry to hear that racon, life is tough enough as it is when you have chronic debilitating health issues without having to jump thru hoops to prove your case! Its a constant battle and one that doesn't help my condition at all. Paid into the system for over 20 years and always paid my NI, which is more than a lot of people have! And nope i'm not playing the racist card.

racon

bargaingirl wrote: »

Sorry to hear that racon, life is tough enough as it is when you have chronic debilitating health issues without having to jump thru hoops to prove your case! Its a constant battle and one that doesn't help my condition at all. Paid into the system for over 20 years and always paid my NI, which is more than a lot of people have! And nope i'm not playing the racist card.

Hey thanks, yes it is a bit of a bummer! I'm just waiting for the GP to tell me that I have cancer having less than 6 months to go then I WILL get the Attendance benefit. As the years roll on, the greater the chance of developing it. I've gone from the 25% risk factor and I'm now in the 75% bracket! Still you do have to keep smiling and taking each day as it comes.
I paid into the system continuously from June 1965 to December 2009 - over 44 years!!

ejbg2001

Hi bg, racon,

Yeah it is difficult fighting the system, but that's what they count on. The bar is set higher than you would expect in order to discourage people (surprise, it works in 50% of cases) who go and suffer in silence. Therefore you must appeal and keep appealing until the decision is changed. It is soul destroying but in most deserving cases like both of yours there is a positive outcome. Mostly because it is more costly for them to have to review it over and over than to reverse the decision then and there.

As you can see it is pretty poo for all of those too ill to fight for it who have been turned down for what seems like a poor excuse. All I can say is keep fighting and take it to a Tribunal if you don't seem to be getting anywhere, like bg has done.

fed_up_and_stressed

racon wrote: »

Hey thanks, yes it is a bit of a bummer! I'm just waiting for the GP to tell me that I have cancer having less than 6 months to go then I WILL get the Attendance benefit. As the years roll on, the greater the chance of developing it. I've gone from the 25% risk factor and I'm now in the 75% bracket! Still you do have to keep smiling and taking each day as it comes.
I paid into the system continuously from June 1965 to December 2009 - over 44 years!!

At risk of cancer, would this be pancreatic cancer perchance ?