ESA

[rosehip]

As anyone asked for a reconcideration on an ESA AND WON XX

[Fibromum]

Hi, I've not actually had a reconsideration but know someone that did and she won but it was very long winded, I've just been placed in the work related support group, it was my first medical with ESA and I've spoke to people who have been in this group (wrsg) for 2yr and is now in the other group. X

[rosehip]

thought you could only be in the work related a year only x

[Hidden in reply to rosehip]

Work related is for a year if contributions based only. If also income related then longer.

[Hidden]

If reconsideration means Appeal - further evidence is required (as from their decision made) also I complained on how the Medical was conducted. If it is still not accepted, then your case can be taken to an Independant Industrial Tribunal where they can over-rule the benefits decision. I have done this and won scoring 15 points plus. (From Zero).

Currently for the second time round I have submitted an Appeal and awaiting a decision and may have to go for an Independant Tribunal yet again. It is on-going.

[Annabell in reply to Hidden]

How did you mange the 15 points from zero?

[Dexter2009]

Yes I asked for a reconsideration and within a week was put in the support group xxx

[Dexter2009]

I was put in the work related group and asked them to revise decision because as stated you only get any money for 1st 12 months then it becomes means tested. There are 16 support group descriptors and if your condition means that you satisfy the criteria for any of these 16 you are put in the support group. You can ask the job centre plus for a copy of your medical report form and also a statement of reasons why placed in the work related activity group. The reasons why placed in work related activity group has a list of the 16 support group descriptors on and tells you what the medical decided for each.If you think their decision is wrong I suggest you write asking them to reconsider their decision and put you in the support group as you do not agree with their decision. Let them know which(can be more than one) of the support Group criteria you meet and give reasons why you do meet the criteria.

I did this and the decision was revised within a week and I am now in support group. I also got some really good help from emailing goodadvicematters.co.uk/

Good luck xxx

[Hidden]

That's good advice dexter, I appealed about 4 weeks ago and havent heard anything since apart from a letter telling me what benefit I'm receiving (work related) which was a copy of a letter they sent out a few weeks before that. I especially said I was'nt happy that they made their decision after my appointment with the Esa doctor!, in March on the merit of a letter received from my doctor last year, and asked them to write to my doctor to let him give his new report on me as my health has worsened, from last year.

So after reading your letter above, I am going to ring them myself as well, and do as you say, thank you

[Dexter2009]

When you phone them up to ask for appeal form ask them for a copy of your medical report form and also reasons why you were put in the work related activity group instead of the support group.

I think the main thing I learnt from doing loads of research is:- decide which of the 16 support group descriptors apply to you, look at what they said about how that affected you (on statement of reasons for being put in work related group)and put down why you think assessment was wrong i,e, because it found xxxxxx whereas it should have found xxxxx , the reason why it should have found xxxxx is because of this xxxxx

For example:- The main areas where I think the assessment was wrong are:-

Assessment stated cannot mobilise more than 100 metres on level ground without stopping in order to avoid significant discomfort or exhaustion when it should have found I can't repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion

Reason is: - I suffer from constant chronic pain and this has resulted in me suffering from chronic fatigue. All of my energy is drained just dealing with my pain. I am totally exhausted, If I am having a good day then I may be able to move around my house for a short while but then the chronic fatigue means I have no option but to collapse in a heap exhausted and it is physically impossible for me to do anything other than sleep.

The other argument that could be used to be placed in support group is if being placed in limited work related activity would have be a substantial risk to your mental or physical health , then give reasons why.

After my request for reconsideration was sent in by recorded delivery along with copies of my appointment dates and hospital letters (glad I sent them recorded delivery because they couldn't find them, until I told them who and what time they received items from Royal Mail tracking service), I phoned a week later stating the stress was so bad I couldn't eat or sleep because of this and that I hoped they could make a quick decision because it was making me so ill, they stated they were contractually obliged to phone me back within 3 hours to let me know what was happening with my case and sure enough 2hours 55mins later they called me.

Hope this helps

Good luck xxx

[bbfreak]

I am in the process of re-consideration for ESA, but I asked for re-consideration for DLA Mobility a few months ago (after receiving it with no problem for 6 years), and they did, but only for 2 years instead of 3. So I think it is worth a try. I enclosed a letter of support from my GP, a letter from a relative, and a letter from myself. Good luck if you decide to do it. X