Refused ESA

Hi to everyone,

I am a new member and have just received notification that I failed my medical....I scored 6 points.

Please bear with me on this.....

Despite visably not been able to walk without difficulty, was unable to sit for more than a few minutes without having to stand and pace then sit down again (this happened 3 times)... was asked to bend over and was unable to do so and I was told not to attempt it...was unable to use the step to get on the couch.....discussed my severe IBS...I did not receive a single point on any of the above....the 6 points was awarded for not being able to squat (though I was not asked to try).....furthermore in relation to Bowel problems I was marked as having no problem for bowels???? and under Bladder it said as I had a Stoma I was able to control my bladder??? we never discussed my bladder and as for a Stoma I had no idea what that was about...until I looked the word up in google which said it was a bladder bypass or similar.....my question is (if anyone is still with me that is lol)do I have grounds to appeal and should I use all these instances as reasons why I am appealing....I thank you in advance for any help or advice received....

Hi rd1954

It is always worth appealing an ESA decision when you fail to reach 15 points and you certainly have grounds to appeal.

Please read the ESA appeal guide in the members area, which guides you through the appeal process. You should give all reasons for appealing but you only need to be brief when you send your GL/24 form to initiate the appeal.

Good luck

Derek

There is no reason why you cannot use the reasons as given as a basis for your appeal, but it may be helpful if you refer to the guide entitled 'Employment and Support Allowance Appeals' in the ESA resources section.

Thank you for your replies...I have indeed used the documents stated....though I have to admit that after a day of reading I thought my head would explode...however got through it....completed my appeal request form and it's in the post today...so fingers crossed eh lol

I'm the same,be refused .I have got the GL24 form,but I'm wonder shall I use representative or just myself? I don't have lots of friends here who can help to representative me ?

Does this process need to go to tribunal and hearing ?

Thanks a lot.

Hi Sanhong

If the DWP does not revise their decision on reconsideration your case will pass to the Tribunals Service and you will be sent a TAS/1 enquiry form. You can choose at this stage to have a paper hearing but you stand a much better chance if you opt for an oral hearing that you can attend and give evidence.

You can take a friend with you for moral support but if you want to be represented it is essential that you obtain a qualified welfare advisor who understands benefit law and tribunal procedure. A poor rep can do more harm than good.

Unfortunately it's quite hard to find representation, depending on where you live. There is advise on how to obtain help in the link below.

www.benefitsandwork.co.uk/faq/forum-faq#help

Good luck

Derek