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ESA Appeal Success - Harrumble!

  • Tony O C
14 years 3 weeks ago #30631 by Tony O C
Replied by Tony O C on topic Re: ESA Appeal Success - Harrumble!
hi Anne i went by myself to my appeal and thought i have no chance of wining.
However i have emphysema and they gave me the benifit of the doubt that i would not be able to do fulltime work.
So they put me on work related benefit.
That was in July and i have not heard from them since. I felt great when i won the appeal, and your condition sounds as if you cannot be put on jsa.
good luck
Tony

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14 years 3 weeks ago #30652 by mayflower
Replied by mayflower on topic Re: ESA Appeal Success - Harrumble!
Hi Anne
I do sympathise with you. I have CFS/ME & was very fortunate, I know, to be placed in the WRAG after my medical in March 09. I did think about appealing as by my calculations using the brilliant guides on this site I scored more than enough points to be paced in the support group as well as satisfying the WCA as being unable to work. However, I decided against it as there was a distinct possibility I might not be successful & might lose the points I already had.
There are plenty of posts here on the forum from people with CFS/ME which may be helpful to you. Look up both CFS/ME & ME/CFS.
Do try & get someone to go with you to the Tribunal, both for emotional support but also physical support.
Good luck & thinking of you.
maggie

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  • kab
14 years 3 weeks ago #31169 by kab
Replied by kab on topic Re:ESA Appeal Success - Harrumble!
My son WON his appeal, they had totally disregarded his MH in original assessment. his points raised from 9 to 15. Work related group, he has already attended three meetings, before his mental health deteriorated.

Due to his physical problems, and his deteriorating mental health we ticked the box not to attend the hearing, we knew this was risky, but the trip to our nearest tribunal centre is over 60 miles round trip and he just can't travel that long and wait for hearing etc.

We made sure we supplied as much evidence as we could, including letters from GP and his MHT/Psychiatrist/Physio/Carers and partner, and registered here on B&W website for pointers.

DLA renewal has arrived, so another round whilst we await DM on his ESA arrears.

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  • kab
13 years 11 months ago #37612 by kab
Replied by kab on topic Re:ESA Appeal Success - Harrumble!
Mods, sorry if I hijacked this thread?

Additional Info:
We had appeal results on 7th October, and heard nothing from DWP, so on advice I'd read elsewhere on the forum, we sent a copy of the award with my sons latest sick note on 6th Nov, today we heard (25th Nov) he was awarded backpay to 14 weeks after his original claim April 2009, and has been placed in the support group, which means no more WR activity meetings which he's been too ill to attend since last year. :(

However I'm confused as he is being paid the 91.40 WRA not the 96.85 Support rate? can anyone advise?

Summary.

1. Do Appeal
2. When you win appeal Do send a copy of award to your local office.
3. Do keep checking this site for help and assistance and report back your experiences. :)

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13 years 11 months ago #37615 by cdcdi1911
Replied by cdcdi1911 on topic Re:ESA Appeal Success - Harrumble!
Hi Kab

I would suggest you ask the DWP for a breakdown of how they worked out the payments.

Your son should receive back payment of the support group allowance minus any benefit he received (such as assessment rate) whilst appealing. His payments should then continue at support group rate.

Failing that, you may need to see the CAB with the relevant paperwork.

Best wishes

Derek

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  • rainbow71
13 years 5 months ago #57572 by rainbow71
Replied by rainbow71 on topic Re:appeal esa but joy on dla
After last years atos medical I was placed in the wrag group, but that was based on having fibro and not having the results of my mri which show degenerative spondylylolsis. However went to yet another medical two weeks ago, with my carer and yet again been placed in the wrag. Awaiting my atos report to see how many points I have scored and now going to fight for support group. Good news though with B&W's help just received high rate mobility and middle rate care for two years - so something to be glad about. Does anyone now of successes from wrag to support with fibro's? Good luck for anyone who is appealing the awful atos's decision - they haven't got a clue on how people live day to day after only 45 mins in a room! We all need to keep fighting and not give up.........

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