esa appeal

Thanks Gordon that's made it much clearer - the time limiting of CB ESA has caused a zillion problems. It feels like you're being penalised for having worked but I think a heck of a lot of people are in that boat.
walt

Hi Waltwhitman

I'm not sure if your post was hypothetical or based on your circumstances.

I would just like to point out that I would never advice anyone to appeal simply because their GP says that they are unfit for work, as GPs are not experts in the benefit system, and as we all know, people who are unfit for work can be found to be fit for work by the WCA. It's essential to get advice from a Welfare Rights Advisor who has understanding of the WCA and benefit system.

Regards

Derek

Surely once the mass migration from IB to ESA starts the appeal tribunals will become log jammed and 12 months may prove to be optimistic. ???

You may be right Graham. The new WCA descriptors are so imprecise that I think tribunals won't be able to deal with appeals consistently. As a result I think the upper tribunal will be swamped with appeals challenging the first-tier tribunals decisions.

So my GP, Pain Consultant, Physical Disabilities assessor, three different Occupational Therapists on home visits, Psychologist, the nice chap in Orthotics and the DWP decision maker who rang me when I'd asked for an upgrade of LR Care to Middle and said it should be Higher don't count for anything? The important factor is knowing how to answer the questions - it shouldn't be like that though should it. I know what you're saying but that's a lot of money to pay all these health professionals for their expert opinions not to count. They can prescribe morphine and cabbinoids but Atos knows best. If I weren't in the process of getting my head used to another new drug I bet I'd feel annoyed - as opposed to floating off in some kind of legally medicated haze!