ESA Appeal

I was awarded ESA and put into Work related group. After receiving a copy of the medical report I wrote to both Atos and DWP to complain about the report.

I was not going to lodge an appeal, but after a lady contacted me and told me that "I was not that ill" it changed my mind. There were no points awarded for Mental, Cognitive and Intellectual Function ( I suffer with Fibromyalgia/CFS) and have depression, short term memory loss, agitation/mood swings and severe migraines.BUT........in the DWP report they have stated that I because I am able to read for short periods and can drive a car, that I do not fall within the criteria...and that they request that the tribunal confirms the decision that I do not satisfy at least one of the prescribed desciptors.
Yes my reading is very limited and I cannot drive for more than 10 mins but that does mean that i do not experience difficulties.

Should I get my GP to confirm in writing my mental health issues, I have lost count of how many times I have been to see her this year especially over memory loss and agitation/bouts of uncontrollable crying before the tribunal ?

Any comments appreciated.

Hi Dawn

I take it that you are considering appealing to get into the support group. Please read the ESA appeal guide in the members' area which contains detailed information about the process.

I should advise you that there is a separate test to qualify for the support group, it's not based on how many points you score. You can read about this in the claims guides and consider if you can argue a case. There is also a risk of losing the award that you already have, the extent of that risk varies depending upon you circumstances. Please seek face-to-face advice if you are unsure.

If you do appeal you should certainly obtain supporting evidence from your GP, as the guide explains.

Best of luck

Derek