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Carers UK Forum • ESA Appeal
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ESA Appeal

Posted: Tue Sep 13, 2011 9:36 am
by Limana68
HI there
My hubby has been in the WRAG for ESA for the past 2 years, even though we thought he should have been in the support group, but we didnt appeal at the time- to be honest we didnt think we could, but anyway, since then my Hubbys condition has deteriorated and we are wanting to try and get him re assessed to see if he can be now put in the support group.
I have read on the DWP website that you have to appeal within a mth so does anyone know how we go about this? My hubby did ring up last week but the person who he spoke to didnt seem to have a clue!
Anyone help?


Li Image

Re: ESA Appeal

Posted: Tue Sep 13, 2011 7:59 pm
by Guest
It appears that, as with other disability-related benefits, you can request a supersession on the grounds that your husband's condition has deteriorated, this of course carries the risk of having the original award removed, I would advise you to find a welfare rights advisor who could give you advice and discuss the options and risks involved.

Re: ESA Appeal

Posted: Tue Sep 13, 2011 10:22 pm
by Deborah Gordon
Im surprised that he hasn't been reassesed anyway as those in the work related group are supposed to be done every 12-18 months maximum. Like you we didn't appeal when my son was placed in the work group but 14 months later we had to fill in a whole new set of forms and I gathered even more information as well as procuring a very supportive letter from our GP. The GP was then contacted by the DWP for more info and his response must have been good because they moved J from the work group to the support group without another medical!

You may not get any money backdated but you can ask for a review at any time. Just be sure to gather as much evidence as possible and it will help if you have a supportive GP or specialist.


Re: ESA Appeal

Posted: Wed Sep 14, 2011 12:34 pm
by Dipsy
As far as I'm concerned its always going to be a case of don't ask don't get. Theres absolutely no reason not to ask worse case scenario you're left in the group you're in.

Re: ESA Appeal

Posted: Wed Sep 14, 2011 9:16 pm
by Limana68
Thanks everyone-I will get hubby to ring them again and hopefully get someone who knows what they are on about!
He has not heard anything since he got put in the work group, not one interview etc.

Re: ESA Appeal

Posted: Wed Sep 21, 2011 7:46 am
by Ranicat
Hi limana 68

May i offer some information on how we had problems with ESA and ATOS Medical -
Ive just given this information to another ESA50 Medical form and Atos sufferer Image

ATOS is a dirty word in our house........they say it is a Medical BUT its a written computer program that is rigid in its answers. if you see the assessor constantly reading from the computer its because its not their assessment but an ATOS program. You are not treated as an
If your response and what you write on your form is not what fits into their little boxes the person completing the medical assessment will opt for the lesser important answer.
The form is very small and i divided each space with another line to put in all my husbands details, even then it didnt fit it all in.

It depends on how complex the person is you care for as we had complex problems the ATOS company had no perameters for.
My husband was put into the Work Related Activity as safe to work within the next 3-6 months !!!
He has numerous epileptic seizures EVERY day as we knew and Neurologist wrote it is degenerative. ( ignore completely Neurologists letters)
Memory problems safety issues and paralysis for a few hours post seizure. He also is totally deaf in one ear and is doubly incontinent with the seizures and for few hours after.( quick rundown )

I requested a copy of the doctors report as is your right and i found he had ignored everything and put Andy as fully mobile, fit apart from one seizure per month and no incontinence with full hearing capabilities.
He quoted the ESA50 and had totally misquoted. What he wrote was not on any page.
I took them to the complaints company and involved ESA Dept too. It was one hell of a complaint with much documented evidence from all nurses ,Specialist,GP , occ Therapist and social worker.

i was lucky that i had medical knowledge being a senior nurse for 28 years BUT it was a harrowing experience. i received a full apology from ATOS and they retracted their report allowing us to present again without having to go to their clinics. Andy was put into the "liminted Capability for Work Group" where he should have been in the first place.
We got backpay awarded from the day we signed up.
I then took early retirement and my NHS pension and it felt good putting 2 very solid fingers up at them. I am lucky i could but i complained more to show they lied and consistently abused our vulnerable position. The doctor making the report apologied for everything and said he was totally out of order........this happens every day with them, so ive found online re" ESA problems with ATOS" Try putting it into google to search - you will be shocked.
If you think the decision is not what you wanted i would automatically request a report copy. Its your right and is written in each booklet.

I would be only too happy to email you a copy of my complaint and its reply if you would like to quote it. I have no worries re repercussions from ESA or ATOS as they no longer hold me to ransom.

Kindness and Friendship - Mandy
"The doors we open and close each day decide the lives we lead"