Information. ESA50

Hi All,

I won an appeal against being put in the WRAG group, and was placed in the support group (11 August 2010).

I have now been sent a new ESA50, the 3rd in 12 months. My question is can I include:

1. The Tribunal,written reasons why I was being placed in the support group, and points awarded.

2. The submission that my legal advisor submitted to the Tribunal, which included up to date information on my medical position. (My medical situation has not changed since my first ATOS mendical whan I was placed in the WRAG group)

I am also going to raise with my MP as to why I have had three ESA50 in twelve months, I think this is an abuse of power.

Any help on this appreciated

gpg

Hi there,

So sorry that you are being messed around.
I am in the process of appealing against being put into WRAG group. Are you able to offer any advice to me...did you seek advice from anyone else CAB or was it a solicitor?

I personally think that having a chat with an MP is a good idea for you.

Hi WW

I've never heard of anyone doing what you suggested but personally, I think the evidence you have would be relevant if you state that your condition hasn't changed. That is just my personal view, and whether or not the decision maker will take any notice of it is another matter.

I think raising the matter with your MP is a good idea; what the DWP is doing is complete madness when the appeal system is already at breaking point.

Best of luck

Derek

Hi Dawn,
I went through the Community Legal scheme, they were very good put all the information I had, along with all my medical evidence together, also the ATOS mdical results. They then typed all this up into a legal submission and calculated all the points the say I should have recieved from my ATOS medical but had not, really impressive document.

I recommend that you turn up at appeal, and just tell the panel like it is, they were very friendly and listened, then ask any points they have. I was only in twenty mins. Also read everything on this site about appeals, it really helped me to tell them what was important.

Hope this helps.

gpg

I have expressed my opinion on the re-issuing of ESA50s several times now. I i agree with WmWallace that "it is an abuse of power" and with Derek that "what the DWP is doing is complete madness when the appeal system is already at breaking point."

It was a few years ago that the secretary of state for the DWP was promoting ESA as the benefit that would assess people on a very individual basis and offer personalized support, playing down any practices that would be deemed as a stick approach. Yet today we see the real impact of supposed welfare reform - a system which is harrassing and frightening people with the over zealous issuing off medical questionaires and requests to attend potentially unfair medicals - with threats of loss of benefit for non compliance.

Looking at Wm Wallace's 'individual' case - how on earth can it be appropriate to subject someone who has even been place in the support group following a lengthy appeal, to the added distress of having to complete yet another ESA50?

Three in a year???

I personally think every three (or five years for those very unlikely to be well enough to work ever) would be more appropriate. After all, people in the support group can access back to work help on a voluntary basis, at any point.

Having said that, i don't actually think ESA is the right benefit for someone unlikely to access employment - which brings me back to IB and the concerns i will continue to express about the newly named 'IB Re-assessment Project' ...

Best wishes