Above knee amputee neuropathic pain chronic lung pain had pe fighting for Esa support group status

[Stewartmallin]

I'm in a wheelchair and living with pain due to being placed in other group after being in support group for years,I also have hep c can anybody please advise where to get help with tribunal?should I even appeal,I would appreciate any advise ,thank you

[misty14]

Hi stewartmallin

Sorry to read of all your health and benefit problems!. Contact Citizens Advice who will help you Appeal. If you can't go in person they may come to you if you explain. They know how to word these things. Alternatively DIAL will also help if you have one in your area. Good luck, you really shouldn't be battling!.

[stampede187]

I had a meeing with my local MP and got a letter from them; as well as a specific letter from my GP about my condition and how it impacts on m ability to work. Both letters helped a great deal. Good luck.

[Stewartmallin in reply to stampede187]

How did you manage to get a hold of your mp?

[RAYJAYC]

Have you been through the Mandatory Reconsideration? This is the first stage when you disagree with the DWP's decision of placing you in the Work Related Activity Group. I apologise if you have already but some find it really confusing!

If you feel that you've been placed in the wrong ESA group then I would say it's most definitely 'worth' fighting it!! Remember it's not your illness or disability that dictates the decision, it's how it affects you; you will need as much evidence of this from any professionals that are involved with your situation.

Obviously I don't know what evidence you sent in with your initial claim form but if you can, ask as many of the professionals as possible to put in writing how you're affected day to day and why they think you should be in the ESA Support Group and not the WRAG -why you can't be expected to work.

Unfortunately, the DWP are being really tough with ESA and PIP claims so we have to be 'ready to fight our case' otherwise they'll place you in the 'cheapest' section!!

I went to tribunal regarding my PIP and won so have belief that it can be done but you do need good medical evidence to back you up. Don't be scared off by them just because they're a big organisation; they do make the wrong decision at times (a lot of the time if just this forum is anything to go by!) but that could be because of the information placed in front of them. Sometimes it's lack of evidence in our claim or because the assessment report is incorrect but whatever the reason, if you're sure they've made the wrong decision FIGHT IT!!

Good luck 😊

RJC

[Stewartmallin in reply to RAYJAYC]

I can't even get hold of anybody who can help.is it worth going to cab?and did you send a letter saying you wanted a tribunal then gather evidence or send everything in one go?im running out of time I think I have a week to give notice of appeal?

[RAYJAYC in reply to Stewartmallin]

Your initial decision letter will have had information about if you disagree with it. This is the Mandatory Reconsideration; to kick start it, you can call them to say that you wish to have the MR. This has to be done within four weeks of the first decision letter. Have you done this??

You then need to get written evidence of why you think you've been put in the incorrect group.

You need to contact the DWP/Jobcentre Plus today to tell them that you want to go to MR. If they don't change their decision after the MR, you can then go to tribunal; if you're having problems understanding the paperwork then yes you need to get to your local CAB as they'll help.

Where are you in the process? It's difficult for me to help you if I don't know what you've done so far.....

RJC

[Stewartmallin in reply to RAYJAYC]

I have done the mr ,I now have to go to the tribunal as I did not send any information extra to the mr,they initially passed me fit for work and I was horrified saying I'm only in the activity group under regulation 35.i have no doubt if I do the forms for the tribunal correctly I will be placed in the support group,my doctor has agreed to do a letter.should I take all the paperwork to cab?

[RAYJAYC in reply to Stewartmallin]

Right ok, once you've informed them that you want to go a tribunal hearing, you'll be able to send in back up evidence up to seven days before the hearing.

To be honest although they took note of my medical evidence etc, in the actual hearing they kept mainly to the points that I disagreed with from the initial decision; you just need to be organised and have justification for your points of view.

The Benefits and Work website is an excellent resource and although it costs £20, it gives youthe exact wording to use for your tribunal but like I've said, they kept referring to why I disagreed with the first decision.

You GP's letter Will be a good piece of evidence so once you've filled in the application for a tribunal hearing and get the formal response from them, you can send it in. Don't be worrying yourself too much about what to write as they do a lot of their own assessment when they see you in the hearing anyway!!

Good Luck..

RJC

[Stewartmallin in reply to RAYJAYC]

Thank you for the advise you have been a great help,nice one

[johnsmith]

This is a legal matter. You need the help of a local benefit's volunteer agency who can explain the meaning of the law to you. The wording of the law does not follow Oxford English dictionary definitions.

Being in a wheelchair does not mean you are not able to work. You have to have reasons why you are unable to work for an employer. Working from home is becoming more and more of an option for various employers. This is why you could be moved from the support group.

[Stewartmallin in reply to johnsmith]

Thank you,I have DVT a breathing issue and take very strong meDS too,I'm a t a loss .thanks I'll do that .

[granny5]

I've just sent my pip form and I had help from Age UK, I'm dreading having to go in front of them as I'm a nervous wreck in front of anyone these days.

So thanks to your replies I've realised I'm not alone, good luck with your appeal and take as much evidence as you can xx