ESA APPEAL ADVICE REQUIRED PLEASE ?

Hi Guys, benefits are a whole new world to me - so any advice you could give me on my recent award would be greatly appreciated.

Background

I was diagnosed with my illness 3 years ago and my health has progressively deteriorated. I have recently and reluctantly left my very enjoyable and well paid job at the beginning of this month (NOV 2010) - this was after my employers already had made reasonable adjustments under DDA where I could do the majority of my working duties at home, however, this was unsuccessful (that's another story)!

Current Situation

I have been awarded ESA on the work related activity group after attending an ATOS medical and have been told to attend a Pathways to work interview next week. What I cannot comprehend about this is I have only just ended my employment at the beginning of this month because of my health - if i was able to continue working, believe me i would have done so.

Questions

Do you guys think I have good grounds to appeal for the Support Group aspect of ESA - I really want to focus on my health and well being without being pressured into employed I cannot do?

If I do appeal, then do I still have to attend the Pathways to work interview next week?

Any advice and guidance on this matter to a 'novice' like myself would be greatly appreciated

P.S. I found the ATOS medical very distressing - had to wait 2 hours before I was seen - quick fire round of questions - very clinical, with no regard to this being 'my life, my illness or my experiences. It really does have a big impact on your dignity - I felt like a piece of meat on a production line.

Hi Gertie

I'm afraid it is not possible to answer your first question. See

Why can’t you answer a question about my specific claim?

for more information.

I would suggest that you read the ESA guides in the 'Help for claimants' section, and in particular, page 25 of the Understanding ESA guide. This explains what is required to get into the support group.

If you choose to appeal it may be worth seeking advice from a welfare advisor as there is a risk of losing the award that you already have on appeal, which you will need to consider. This too is discussed in the ESA appeal guide.

To answer your second question, you can ask for your interviews to be deferred until your appeal reaches an outcome. There is no guarantee that they will do this, but they have in several cases.

Good luck

Derek

The fact you where able to work at home IMO makes me think you will find it hard to get into support group


many in the support group are unable to do anything even at home ...... you can try and might have a case

hi Gertie

did your last employer give you a letter, or will they give you a letter saying what they did to help you wile you still worked for them and why they let you go?

it might be of help if and when you goto tribunal as their reasons might help your case

Hi Guys, thanks for the advice.

I forgot to mention that they gave me the award until May next year.

With regard to my employment I was off ill for 10 months after home working was approved and my employment ended officially this month.

My illness is very unpredictable - I can wake up in the morning and not get out of bed at all and need help with brushing teeth, getting dressed etc, never mind contemplating walking - however, there a times when I can get up etc. My employment came to end because of the unpredictable nature of my illness and its symptoms.