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ESA appeal

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14 years 5 months ago #20954 by annehilditch
ESA appeal was created by annehilditch
We won our ESA appeal today despite being awarded 0 points by ATOS! It's backdated 6 months. I think what swung it was two letters from the Consultant with precise medical details that really could not be challenged, and so my tip would be to get as much medical back up as you can. Off to celebrate - cheers!!!

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14 years 5 months ago #20977 by Steve Donnison
Replied by Steve Donnison on topic Re:ESA appeal
Hi,

Getting from 0 points to an award of ESA just shows that it's always worth appealing, no matter how dire things look.

Many thanks for sharing this with us and you're absolutely right, consultant's letters are extremely persuasive at tribunals - so long as they address the right issues.

Good luck,

Steve

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • bristolianish
14 years 4 months ago #21344 by bristolianish
Replied by bristolianish on topic Re:ESA appeal
I have just returned from hospital following two hours of foot surgery to revision and repin my toe joints after a previous botched operation to do the same thing. So on the same day as I return from hospital pumped full of morphine and other painkillers, with strict instructions for total housebound rest for two weeks and having to wear a splint shoe for at least six weeks I receive a letter saying my ATOS score is zero, and my ESA is cancelled. presumably along with my HB and CTax benefit. With my DLA also under revue I now find myself unfit for work according to my GP (current sick cert. runs until 29th June) and fit for work according to the ATOS assessment ...

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  • millymoo
14 years 4 months ago #21362 by millymoo
Replied by millymoo on topic Re:ESA appeal
Hi

Please dont give up!! You and your GP know that you are not fit to work so my advice is to appeal their decision. I was in the same position as you, i called DWP and was advised to put all this in writing as to why i was appealing and in the same letter say that you would like ESA/HB/CT to continue until after the tribunal, which it did. I was awarded 9 points following my atos medical, but a week before the tribunal was to be held their decision was overturned and i was placed in the support group. Good luck and dont let them get you down.

Julie

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  • osteo-fight
14 years 4 months ago #21368 by osteo-fight
Replied by osteo-fight on topic Re:ESA appeal
Please please re-apply or appeal asap.You have new information for the decision makers to consider! Preferably with evidence from hospital, and get GP to do a longer cert if poss. What you are going to live on on the meantime, not sure!!! Most of us unfit for work have no savings to fall back on!

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  • bristolianish
14 years 4 months ago #22553 by bristolianish
Replied by bristolianish on topic Re:ESA appeal
thanks guys - have submitted my appeal in the format suggested by this campaign and am now back on the assessment level ESA until review / tribunal.

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