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Thread: Help & Advice On ESA & Appeal

  1. #1

    Help & Advice On ESA & Appeal

    Hi all

    I currently have Ankylosing Spondylitis which from now i will use (A/S) & suffer the condition for many years & take a coctail of medication
    i also suffer from anxiety & depression & Chronic fatigue

    I was previously receiving incapacity Beneifit long term rate
    Then in Feb 2013 I got the ESA50 form to fill in then was sent a letter to attend a atos assessment on 26/3/2013
    But on the 21st march 2013 i was addmitted to hospital with Acute Pancreatitis & was 30mins from death i was kept in hospital for 10days

    During my time in hospital i ask a nurse to call atos & cancel my appointment but she was unable to get through & as she was busy another patient made the call for me
    & he had to pass the phone to me to confirm details

    Atos said they would send out a new appointment & 2 days later my partner inform me it arrive this was while i was still in hospital

    finally i was discharge on 1/4/2013 & told to rest & to vist my GP,so now my new atos appoinment was on 15/04/2013

    I saw my gp on 10/4/2013 concerning my illness & he advise me i was not well enough to attend & advise to cancel so i phone atos
    & was told that i cancel once & must attend or beneifit would stop
    So I had to go

    So I attended the Limited Capability for Work Assessment on 15/04/2013 at 1:35pm
    Still feeling unwell & pale & confused & was falling asleep in reception
    I was not seen till 2; 20pm that day before I was seen I asked if it would be carried out by a qualified medical professional & was told only that they work for Atos on behalf of the DWP


    Once the Assessment Started
    I inform the lady who performed the assessment
    Of My Conditions & Informed Her That I was recently out of hospital after suffering from Acute Pancreatitis & had to cancel a previous appointment & still felt unwell confused
    To which she reply she was not concern with that & I informed her it a serious condition & life threatening as I was close to death myself & provided evidence with my letter of discharge of which she took no notice
    She said it would not take long she like the easy ones

    I got Nil points in a letter on 1/05/2013 to which i appeal the descision & sent in my GL24 form as my appeal was before the change in the appeal process

    I was put on contribution base ESA whilst pending appeal,So i had a drop in income But this ran out on 16/05/2014 so i claim income-base Esa which i got at an even lower rate than contrbution base ESA

    I`m currentlly losing around £80 per week

    But i have now receive a date for my appeal 01/07/2014 & i`ve submitted evidence from my GP to HMCTS which he states not able to undertake prolong activity

    But i have some Question

    My current Medical Cert runs till 03/08/2014 If the appeal is lost does this make this invalid

    If i win my appeal will my payments be backdated to may 2013 & how long does it take DWP to re-instate the payments back to what they were plus any increase

    My friend went through all this then lost is appeal then went to the jobcenter only to be put on esa

    So if my appeal is lost could i claim Esa If so which one Contribution-base or Income-Base

    Thanks all

    I`m worried that my medical by atos was so false that they are the first pages the appeal panel see

  2. #2
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    1. If you win the appeal you will get it backdated.
    2. If you lose the appeal you can reapply for ESA, with a new sicknote (I believe) as it was more than 6 months since the DWP awarded you 0 points. In this case you can only apply for IR ESA as you will have lost CB ESA, as you have not paid NI for the past 2 years.

    You have to make sure that you meet the ESA criteria and to show the Tribunal of this, as if you don't you will lose your appeal.

    The ESA descriptors can be found here: https://www.gov.uk/government/upload...ev-oct2013.pdf

    Page 18 onwards.
    Last edited by removed; 25-06-14 at 16:41.

  3. #3
    Senior Member
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    Hello ILLMAN

    Firstly: the visit you had with ATOS was not a 'Medical', it was a Work Capability Assessment (WCA).

    Secondly: what your GP has said doesn't appear to be very helpful in gaining ESA, to gain ESA you have to meet the ESA Descriptors, anything your GP say's should be in line with these (Descriptors).

    As time for your Tribunal is now very short I would advise you to contact your local CAB ASAP ( that's like tomorrow) and ask if they can help you prepare a short 'submission' in line with the ESA Descriptors you meet. Explain to them it's an emergency and you only need something short and basic but to the point of these Descriptors, 1 or 2 A4 sheets at most. If they can help you I'm sure they will if/when you go to see them take any and every medical document you have with you for them to identify the Descriptors you can use.

    If you can do that, then ring the HMTC office tell them you will have a brief 'submission' to submit in the form of a letter on the morning of your hearing ( if possible/permitted), Tribunals are generally pretty good on things like this and usually accept it provided it's not too long 1 or 2 pages is OK, and they do want to provide you with every opportunity of presenting your case.

    I forgot to add, if all that is possible then get to your hearing extra early, about an hour, and hand 2 copies of that submission to the clerk to the Tribunal and keep 1 for yourself, so make at least 3 copies altogether.

    I wish you luck with it, but if you should not succeed at Tribunal you can reapply for ESA straight away as your original decision date was more than six months ago.
    Let us know how it goes, all the best.
    Last edited by Jard; 25-06-14 at 17:06.

  4. #4
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    If it is possible see if you have Welfare Rights Officer's in your local or county council. They are usually better than CAB.

    If not, then CAB is your only option.

  5. #5
    thanks for all the info,
    I`ve already been to my local CAB & they say they don`t get involved in appeals & as they become a minefield(aint that true)
    not sure if my local council have a welfare rights officer

    if i loose can i still claim Esa Income base as i`m already receiving that as my contribution one ran out while pending appeal

    I know its been over six months since atos gave me 0 points
    But once my contribution base Esa stop after 365 days & i had to apply for Esa Income-base I thought as i was getting esa income-base
    I could not claim it again for 6 mths
    also is it correct if i lose my appeal that my income is stop after 2 weeks (Please advise) as i`m due a payment after my appeal date

    Thanks Jard I have look at Descriptors which is the point system that used but i have search on-line & not all question appear to be ask
    at a tribunal can someone please advise

    When i ask for the papers from the dwp from the atos assessment they came through as Medical Report Form Conducted By Atos
    Ps: also the reason i got Acute Pancreatitis was down to the anti-TNF treatment i was prescribe by my consultant which was a pen injection every month
    I now go to my general hospital every 2 weeks for the first 2 course then every month for infusion treatment & this causes side effects that make me lethargy
    dizziness & headache, stomach pains, i also suffer from Blood Loss & anaemia & depression

  6. #6
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    Quote Originally Posted by ILLMAN View Post
    thanks for all the info,
    I`ve already been to my local CAB & they say they don`t get involved in appeals & as they become a minefield(aint that true)
    not sure if my local council have a welfare rights officer

    if i loose can i still claim Esa Income base as i`m already receiving that as my contribution one ran out while pending appeal

    I know its been over six months since atos gave me 0 points
    But once my contribution base Esa stop after 365 days & i had to apply for Esa Income-base I thought as i was getting esa income-base
    I could not claim it again for 6 mths
    also is it correct if i lose my appeal that my income is stop after 2 weeks (Please advise) as i`m due a payment after my appeal date

    Thanks Jard I have look at Descriptors which is the point system that used but i have search on-line & not all question appear to be ask
    at a tribunal can someone please advise

    When i ask for the papers from the dwp from the atos assessment they came through as Medical Report Form Conducted By Atos
    Ps: also the reason i got Acute Pancreatitis was down to the anti-TNF treatment i was prescribe by my consultant which was a pen injection every month
    I now go to my general hospital every 2 weeks for the first 2 course then every month for infusion treatment & this causes side effects that make me lethargy
    dizziness & headache, stomach pains, i also suffer from Blood Loss & anaemia & depression
    If you phone your council they should be able to tell you if they have a Welfare Rights Officer.

    It takes a few weeks for DWP to process the appeal decision. As it has been 6 months since DWP awarded you 0 points you can apply for ESA again. It will be a brand new claim and IT WILL BE INCOME RELATED ESA.

    We are not mind readers on here, so we can't tell you what questions will be asked but they will be based on the descriptors. The link is attached above.

  7. #7
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    Quote Originally Posted by ILLMAN View Post
    I have look at Descriptors which is the point system that used but i have search on-line & not all question appear to be ask at a tribunal can someone please advise
    The Work Capability Assessment is, at the time of writing, as described in the October 2013 version of leaflet ESA214 (click). That is the link toolook has already given you. The tribunal will use the version of the test applicable to the date of your case, but I believe it is substantially the same as this version.

    You give a lot of detail about your medical conditions. Your task at tribunal is to explain how that those conditions give rise to problems that mean you have Limited Capacity for Work. The leaflet explains all.

    The tribunal remakes the original decision, so you need to talk about your health as it was on the day of the assessment. Do not mention any subsequent changes.


    So far as what happens if the tribunal finds you Fit for Work, you have been given the key piece of information - as it is six months since you were found Fit for Work, you can get a new 'fit note' from your doctor and go straight back onto the assessment rate. It is likely any new ESA claim would be solely Income Related ESA, as you are unlikely to have the contributions needed to make a new Contributions Based ESA claim.

  8. #8
    Senior Member firebird's Avatar
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    Illman says he was on long term Incapacity Benefit, I thought this meant you moved to Contribution based ESA not IR.

  9. #9
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    Quote Originally Posted by firebird View Post
    Illman says he was on long term Incapacity Benefit, I thought this meant you moved to Contribution based ESA not IR.
    If he loses his appeal and applies for ESA again, it will be a brand new claim and as he hasn't worked for past 2 years and contributed NI it will be IR ESA.

    If he wins his appeal and is placed in WRAG it will be backdated but because of the 365 day rule he will be placed on IR ESA.

    If he wins his appeal and is placed in the Support Group, it will be backdated and he will be placed on CB ESA, with an IR ESA top up.

  10. #10
    So lets see if I have this correct
    If I win my appeal and is placed in WRAG my payment will be backdated to may 2013 but because of the 365 day rule my claim will be IR ESA (But is that the case for all claimants that were on long-term Incapacity do they to get put on IR ESA after 365 days)
    So I would only get the same as I`m getting now
    And Only If I Win & put in Support Group Would I be put on CB ESA
    I`m sorry to all the members here for my question but I have look at quite a few forums on this subject & there seems to be a lot of conflicting information given out So its hard to know who's right or wrong

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