Won Appeal, but Horrible Process

Hi
I went with my sister in law for her ESA appeal last week. Whe went from 6 points to 24. She has MS and found the whole process intimidating and extremely upsetting. I went with her to give her some moral support. The judge was sympathetic in a strange way, but so very very stern and unfeeling. I understand that they want to frighten any bogus claimants, but I think that the bogus ones are less likely to be intimidated than a genuine case. It took from Sept last year to now to get this sorted, so all that time she has been on the lower rate.

Just wondering now how long this assessment goes on for and when she might have to start the process again if at all?

She needs more help because she can't get around on foot any more, so need to think what other benefits she can go for.

Any help very much appreciated.

asymptote wrote:

Hi
I went with my sister in law for her ESA appeal last week. Whe went from 6 points to 24. She has MS and found the whole process intimidating and extremely upsetting. I went with her to give her some moral support. The judge was sympathetic in a strange way, but so very very stern and unfeeling. I understand that they want to frighten any bogus claimants, but I think that the bogus ones are less likely to be intimidated than a genuine case. It took from Sept last year to now to get this sorted, so all that time she has been on the lower rate.

Just wondering now how long this assessment goes on for and when she might have to start the process again if at all?

She needs more help because she can't get around on foot any more, so need to think what other benefits she can go for.

Any help very much appreciated.

You should be able to gain information on the expected re-assessment date of the ESA award from you local benefits office.

She may be able to successfully claim DLA also.

Have a look at the very in depth DLA guides, through the orange MEMBERS ONLY area on the left.

You will find them most informative.

If after reading through the guides, you have any specific questions please come back to the forum, and we will do our best to help.

bro58

asymptote wrote:

Hi
I went with my sister in law for her ESA appeal last week. Whe went from 6 points to 24. She has MS and found the whole process intimidating and extremely upsetting. I went with her to give her some moral support. The judge was sympathetic in a strange way, but so very very stern and unfeeling. I understand that they want to frighten any bogus claimants, but I think that the bogus ones are less likely to be intimidated than a genuine case. It took from Sept last year to now to get this sorted, so all that time she has been on the lower rate.

Just wondering now how long this assessment goes on for and when she might have to start the process again if at all?

She needs more help because she can't get around on foot any more, so need to think what other benefits she can go for.

Any help very much appreciated.

Hi,

How long until the next review of the ESA clam depends in part on the prognosis given on the ATOS medical report, however the decision is actually made by a decision maker. If you have been to appeal the medical report with prognosis should be included in the bundle sent to the claimant. However the tribunal may have adjusted this si it is worth checking when the review will be carried out.

Re other help, if she has mobility and/or care needs it maybe worth putting in a claim for Disability Living Allowance (providing she is under 65).

There are full details of DLA including what needs may/maynot be taken into account in the members area here:
www.benefitsandwork.co.uk/help-for-claimants/dla

Pete

Thanks Pete,

I am just looking now at the members only resources for claiming DLA. I am sure she will qualify, but her last claim was not allowed because of the ATOS medical report and we didn't appeal that because she is under such a lot of strain.

I feel much more optimistic now about getting her the help she needs.

Andy