Employment and Support Allowance (ESA)
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Esa

Just been told today that i didnt win mandatory appeal. I know i have to go to tribunal as next step but this terrifys me .the examiner i had at medical assessment told many lies and also belittled me ..i suffer with chronic sciatica  and hip pain and also suffer from depression ..just dont feel ive the energy to go on anymore ..

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    Most MR decisions remain the same, so most people have to take it to Tribunal. The Tribunal will be a lot more understanding and will listen to everything you have to say. Taking a look at each of the ESA group descriptors will help you understand it a little more.


    You now have 28 days to request the Tribunal and for this you'll need to fill out the SSCS1 form and make sure you send a copy of the MR decision letter with it, if you don't your Tribunal will be refused.

    Waiting times are long with backlogs all over the country. Don't be surprised if you're not waiting several months or more. For the best outcome and a decision in your favour it's better to appear in person. 71% of those that do, have a decision in their favour.

    Once the Tribunal accept your appeal you'll be able to go back onto assessment rate for ESA, providing its the first time you've been found fit for work.


    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • KorrinaKorrina Member Posts: 12 Listener
    Thankyou ..im still on esa only ive been moved from thesupport group .did this to me three years ago but i won mandatory derision  that time .. apparantly i should be able to return to work in 18 months !..i dont leave home umless someone is with me i suffer from anxiety and im in constant pain ..i do not choose to be this way  
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Korrina said:
    Thankyou ..im still on esa only ive been moved from thesupport group .did this to me three years ago but i won mandatory derision  that time .. apparantly i should be able to return to work in 18 months !..i dont leave home umless someone is with me i suffer from anxiety and im in constant pain ..i do not choose to be this way  
    I totally understand, no one chooses the way they are. Take a look at the support group descriptors in the link i provided and see which one you think applies to you. There's also reg 35 which may apply. Tribunal is still your next step if you disagree with the decision.

    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • KorrinaKorrina Member Posts: 12 Listener
    I dont go anywhere on my own i hate crowds anfd find it very distressing to have ro talk espically inftont of more than one person .i do not get dressed etc most days due to my depression  but the examiner said it was more of a life choice and who needs prompting to clean their teeth !..i suffer with anxiety just the thought of going somewhere i dont know ..i wouldnt be albe to go to courses etc that the work related group would ask me to do etc ..i just dint know hiw im going to cope i was a victim of child sex abuse and also went on to have a twenty year abusive marrige this has taken its toll on all aspects of my life espically mentally im so worried they say i Will be fit for work in 18 months ..my deprrssion has got worseover the years not better and my physical problems arrived later i can not walk stand sit for long periods cant even do simple chores indoors with out ending up in pain .just feel totally lost at mo
  • Pippa_ScopePippa_Scope Member Posts: 5,856 Disability Gamechanger
    I'm so sorry to hear about your experiences, @Korrina. Do you have any support in place for your mental health at the moment?
  • KorrinaKorrina Member Posts: 12 Listener
    No not at the moment last time i had any was 2012
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Maybe a visit to your GP so they can refer you or at least give you some help.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • KorrinaKorrina Member Posts: 12 Listener
    I had pip medical done and passed was awarded pip for 3 years and this morning i wake up to a letter of them and a form to fill in. I cant believe this is happening 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    PIP is reviewed 1 year before the award is due to end. If you have the shortened version of the form (multiple choice questions) don't be fooled by that! Add as much info as possible on the form and use extra paper if needed. Send all your relevant evidence with the form because they rarely contact anyone. Expect another face 2 face assessment because most have them, even for a review. The assessment will be exactly the same as the first time. Even though it's a review the process is exactly the same.

    Good luck.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • KorrinaKorrina Member Posts: 12 Listener
    Thankyou ..i was recieving max dla and when changed to pip they dropped me down to 80 amonth i appealed and got it reinstated ..the stress of all of this is just too much 
  • Pippa_ScopePippa_Scope Member Posts: 5,856 Disability Gamechanger
    Hi @Korrina, how are you today? As Poppy mentioned, I'd strongly recommend arranging an appointment with your GP to let them know how things are for you at the moment- it's important that they know, and they'll be best placed to help and support you too. 
  • KorrinaKorrina Member Posts: 12 Listener
    Its so hard to get an appoitment as you have to ring up and ask when next appoitment  is available  then you have to ring back two weeks time to book it so its almost impossibke to get seen.can go on a morning but doors open at 7 and people are quing from there even thou doesnt start till 830 ..i last got there at 750 and didnt get seen till 950i was in agony from sitting for two hours ..im in process of changing  doctors x
  • Pippa_ScopePippa_Scope Member Posts: 5,856 Disability Gamechanger
    I can empathise @Korrina, it really is difficult and always seems to be even more so when you're needing an appointment the most! All the best with changing doctors- it seems like a good thing to do, and I really hope you can talk to somebody and find the support you need soon.
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