As much help and advice on winning an ESA Appeal as I can give.

[Bamba6799]

I have only just found this site but really want to give as much advice and help as I can. I won my appeal against ESA last month. I prepared my own case but there is an abundance of free legal advice available so don't panic. A WCA is purely a fitness report based entirely on point scoring system, can you walk to the shops by yourself etc. You need to score more than 15 points to qualify for ESA. I had been in an ESA support group for three years but after scoring 0 points I was taken off ESA. I am visibly fit for work and so do not contest my scoring of 0 points but my unseen condition prohibits me from any sort of work. This is where a WCA fails as it does not recognise or take into consideration a person's individual condition. Make sure that you get your 'Mandatory Reconsideration' form in on time and then your 'Grounds for Appeal' form in on time which is what starts the ball rolling. ESA will then send you their response to this. You can then still submit as much more information and evidence as you want up until a few weeks before the hearing. You will be advised by letter stage by stage on this. After my 'Grounds for Appeal' was submitted I did more research and then sent 34 pages followed by another 14 pages when I had gathered further information and evidence. Don't go for a 'paper hearing' as you stand more than a 50% greater chance of winning if you attend. Do as much research as you possibly can relating to your own condition. Ask your GP how to obtain your own medical records, you will undoubtedly find something useful there and only you or your GP can access that. Get all information on file about you from ESA, it's a 'request for personal information' form and can easily be done online. I was sent well over 1000 pages but 4 of them were crucial. In fact it was probably ESA that sent me the information that lost their own case. For me it was Regulations 29 and 35 Exceptional Circumstances that played the key part. Black Triangle is a good website for this. I received a phone call on the morning of my tribunal and was informed that I didn't even need to attend. The Judge had read through my case and due to the "totality of my evidence" he overruled the ESA. This is my point, provide them with as much information and evidence as you can. Bombard them with it. A WCA is a farce and most appeals are won. I hope this helps. Good luck and don't give up.

[JoanCR]

Hi! Did you have a supporting letter from your doctor saying why you can't work? If so, how long was it and what types of things did he say?

[Bamba6799 in reply to JoanCR]

Hi, no I didn't just the Fitness for work certificate. I did ask but was told that ESA would ask for further medical information if they required it. However, I did gain full access to my medical records online (ask your GP how to do this). After your GP sees you they write a short report. It was amogst these that I found clear statements from my GP saying that I was unfit for work with my condition.

I wish to retract the word 'winning' in the heading of my original post. By no means can I guarantee you winning an appeal and so I shouldn't have used that word, sorry if it was misleading. I can only give you as much help and advice as I possibly can and tell you about what I did.

I also forgot to mention in my post that I even researched and submitted information on how unfair a WCA is.

[Bamba6799 in reply to Bamba6799]

Spelling mistake - amongst!

[annscot in reply to Bamba6799]

Thank you! I’m well above retirement age.

[annscot]

What is ESA?

[Bamba6799 in reply to annscot]

Employment Support Allowance. There are two groups. I'm in a Support group which means that my condition is not expected to change and I am not expected to look for work but I still have to attend an assessment every three years in case my condition has changed. The other is a Limited Capability for Work group but I have no idea about this one.