apealing esa

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apealing esa

Postby rosehip » Sun Apr 22, 2012 2:31 pm

i have been given esa for one year and not the support esa. i am apealing !!! will i still get my esa what i have got now whilst my apeal is underway xx
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Re: apealing esa

Postby shihan » Sun Apr 22, 2012 2:48 pm

Usually what happens you are paid a % of you're esa weather it be contribution or income related. If your appeal is successful you will be back paid what DWP owe you. A further piece of advice I would give you is get adult social services involved as they will help you and act as witnesses to your condition
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Re: apealing esa

Postby MonkeyFeatures » Sun Apr 22, 2012 3:39 pm

Interested in the answer to this as my claim has just got to tribunal and i've not been put in the support group meaning my payments have stopped as i've already been on it longer than 12 months :evil: no idea what they expect me to do now as they've agreed i'm unfit for work :roll: Good luck with your appeal x
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Re: apealing esa

Postby rosehip » Sun Apr 22, 2012 5:12 pm

did you apeal when the year was up or whilst you were on esa x
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Re: apealing esa

Postby FluppyPuffy » Sun Apr 22, 2012 5:19 pm

When I appealed the decision that placed me in WRAG last year, I was still paid my normal amount while it was reconsidered. I was fortunate that I only had to go thru as far as the reconsideration stage for my decision to be changed.
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Re: apealing esa

Postby helen w » Sun Apr 22, 2012 7:18 pm

I too am going to appeal. My esa is also going to run out at the end of the month and I have asked to be put into the support group and they have refused even though they know I am not fit for work.When I spoke to an advisor over the phone I asked if you had to be nearly dead to get into the support group?He answered of course not but I think I disagree.I can barely get out of bed some days and at best am in constant pain.What do we have to do to be heard??????? I would gladly work but as I was made medically redundant 3 years ago and am on disability benefit as well,it is out of the question.
I think I will claim jobseekers if my appeal fails again,then they can put their money where their mouth is and find me a job........what do you all think?
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Re: apealing esa

Postby diane1 » Sun Apr 22, 2012 8:17 pm

Hi folks

Just thought i'd let you know a few pointers to ESA as an ex staff member who has also fallen foul of the Atos system.

1. ESA IB only available if you are on very low income with a partner or single with no income and have no savings in excess of £16,000 ! This is paid as long as you qualify.
2. ESA C for those that have paid their contribution stamp and have a partner who works.
This is paid for 52 weeks if you are in the WRAG and WRAG with Limited work capabilities.
It is paid if you are in the support group for as long as you manage to stay in this group.
3. Generally you need 15 points to get into the support group however lately more people are being put into the WRAG with the limited work capabilities.
4. If you get put into the WRAG after an Atos Medical you need to ask for a copy of the report and decision. You will be suprised at the misinformation in the report.
5. The next step is to ask for a reconsideration of the decision and point out where you think errors have occured and why.
6. If you arent succesful on reconsidertion then step up a gear and go for an Appeal. You may want to seek advise from an agency when doing this or ask on the site here.
7. You cant be told your in a certain group without a medical from Atos, so if you get a decision that your moving to the wrag when you've been in the support group question it straight away.
8. When you go to the medical remember you can be assesed before the medical begins, in the building and the waiting area etc.So if your kept waiting this will be used in the report.
9. Remember in the medical that the Nurse Practitioner will be friendlt and seem to "understand you & be on your side" but dont be fooled this is their way of getting you to drop your guard. EG. You have said you cant sit for more than 10 mins at a time which they record. Then 20 mins later they will ask if you have any hobbies like watching the soaps. You will say yes although this is done by recording the programme and playing it back at you own pace, they have already recorded that you can follow a soap on tv which we know last 30 mins. You have now lost critical points.
10. Make copies of all forms you complete and send to ESA.
11. If you get the Atos medical completed at home be aware that the Medical person who attends will be looking at everything in your home from are there steps to get in, do you have a stair lift,what type of chair do you sit in, how do you manage to get about,do you have a downstairs toilet, can you work the TV and if you have animals do you bend down to pick them up or put food and water down for them. All these are signs that you have mobility and manual dexteritry harsh but thats how they work.
12. Get as much medical evidence as you can .
13. Remember if you get DLA/MOBILITY and you get put in the WRAG this information is passed to DLA and can alter your claim as they will use the ESA medical report. Always dispute it though as the ESA medical IS NOT completed by a DR but a Nurse Practitioner and generally the information you will have sent in support of any DLA claim will be from a DR. How can a Nurse Practitioner over rule a DR !
14, Dont panic you'l only make yourself worse and have a flare up. Get onto this site and get support and advice.

Sorry its not positive but thought it might help.

Diane
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Re: apealing esa

Postby rosehip » Sun Apr 22, 2012 8:55 pm

Diane you are a gem . i need some advice and i wonder what my next step is.

1 i filled a medical formin last september i was on ib then with severe depression and anxiety.

2 since september i have developed fibro and they dont know about this

3 avnt had a medical for 4 years

4 i have been informed i am to recieve esa for one year only

5 how do i appeal and who do i phone to tell them about fibro

6 i have been very lucky not having to be in touch with them over the years but dont even know who to get in touch with them

7 do you think i should apeal as they have only gone on the form i sent back .

i would be very grarefull for your advise . :crazy:
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Re: apealing esa

Postby diane1 » Sun Apr 22, 2012 9:11 pm

They cant make a decision on your claim without a medical so call the call centre for advice or see cab etc for advice. You also need to advise them that your condition has changed, you will probably get another form to complete and that should trigger a medical. From what you say your in the WRAG and on ESA C which can only be paid for 52 weeks.

The number to call is a national number ; 0845 6088529 and ESA is option 3 . You will need your NINO when you call.

Good luck and if you dont get the answers you want tell them you want a decision maker to call you back as they are the people who make the decisions on the group you go in. Any problems let me know.

:goodluck2: :goodluck1:
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Re: apealing esa

Postby rosehip » Sun Apr 22, 2012 9:30 pm

thankyou so much :-D
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Re: apealing esa

Postby rosehip » Sun Apr 22, 2012 9:31 pm

will they stop my money whilst waiting a decision x
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Re: apealing esa

Postby diane1 » Sun Apr 22, 2012 10:18 pm

If you appeal you will get the base rate of the ESA until a decision is made. Get the appeal in ASAP though as anytime over 1 month after the decision you recieved disallowing the benefit you will have to show good cause as to why the appeal is late.

Diane
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Re: apealing esa

Postby MCT » Sun Apr 22, 2012 10:21 pm

If you have failed your WCA and are appealing have a look here for some information on what to do:

viewtopic.php?f=11&t=12541

diane1 wrote:3. Generally you need 15 points to get into the support group however lately more people are being put into the WRAG with the limited work capabilities.


To qualify for any ESA (WRAG or support) you need to score at least 15 points, however it seems to be it's how you get those 15 points that appears to influence the group you end up in. From what I've read if you score all the 15 points on a single descriptor like, for example, Mobilising or Manual Dexterity or Reaching you could qualify for Support Group but if you scored those 15 points over 2 or more descriptors eg 6 for Mobilising and 6 for Manual Dexterity and a further 6 for Reaching you're most likely to end up in WRAG even although you scored a higher total.
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