What next appeal/ tribunal

stuartperry
stuartperry Online Community Member Posts: 43 Contributor

 Hey guys it’s took me nearly 2 weeks to come here and post this.  I’ve been struggling with my mental health and other  stuff just about managing sometimes. 


 So basically I asked for a mandatory reconsideration around Christmas time.  For ESA support group 


 I received a letter two weeks ago,  mandatory reconsideration notice. They did not change their decision.  I was asking to be in the support group which I have been in for the last five years. They have placed me in the work related activity group.


 The letter states this...it is accepted that you are not fit for work at the present... the issue is whether you can do work related activity   


 I’m completely lost on what to do next can somebody guide me please.   How do I appeal online, Phone, or post what is the best method.?

  Can I represent myself.? 

 

In the last five years I’ve had four assessments and I’ve always been placed in the support group using the same evidence.  This time it was a telephone assessment. what changed? I have said the same things in fact my health is worse.    I take the same evidence every time I say the same story.   all it took was one assessor out of the 5 to put me down.  What kind of system is this.


 My main worry is evidence I don’t have the energy to ring each consultant or specialist it takes months to even get a Appointment.   Then probably another few months for a letter.  My evidence is quite old,probably about six years.


In the decision letter they have just picked everything out what I can do.  But I clearly stated that on some days even I can’t do that.   For some reason they think I can do that all the time.   It’s like the listen to half of my story.    



I need to know. How do I prepare myself, what happens next  stages?  Finding it hard to get everything together but if I put my mind to it I know I can do it. 

Comments

  • Alex_Alumni
    Alex_Alumni Scope alumni Posts: 7,538 Championing
    Hi @stuartperry well done for posting your call for advice today, I'm glad to see you've rounded it off with such a positive statement.

    We'll be happy to help support you through this, and I hope you'll find the community helpful and knowledgeable. 
    I’ve been struggling with my mental health and other  stuff just about managing sometimes
    I'm sorry to hear this is having a negative impact on your mental health. Can you explain what you mean by "other stuff about managing" for me? Do you feel you're receiving enough support for your mental health currently? 

    When you are ready to put your mind to it, as you say, you can take a look at this information from Citizens Advice, which goes through everything clearly. If you'd prefer to talk everything through with someone over the phone then you can also contact the Scope Helpline.

    I'd also recommend AdviceLocal, to help check whether an appeal is worth pursuing.

    If there's anything else we can help with, please don't hesitate to ask.

    Alex
  • stuartperry
    stuartperry Online Community Member Posts: 43 Contributor
     Thank you for your reply.  I did not send any evidence with my mandatory reconsideration.  Because I thought they should have all the evidence which I sent previously.?  Should I send this evidence with my appeal or will they have this.    The evidence is quite old now is this still okay 

     I struggle  with general anxiety disorder     Bowel bladder issues    Vertigo. Dizziness and balance.

      Can I represent myself .?







  • janer1967
    janer1967 Online Community Member Posts: 21,922 Championing
    If you have already sent the evidence they will include everything you have sent in the bundle you and the tribunal get so no need to send anything they already have 

    Yes you can represent yourself but try and get a rep but don't pay for one 
  • stuartperry
    stuartperry Online Community Member Posts: 43 Contributor
    Can they see the decisions of previous entitlements when I was in support Group. Can they see why I was placed in there originally four times. So what you’re saying is don’t worry about evidence I can use the old stuff.?
  • poppy123456
    poppy123456 Online Community Member Posts: 63,179 Championing
    Your previous decision's will have no bearing on this claim. What Mike meant was if you know the reasons why you were previously in the Support Group and this still applies then you can focus everything on those reasons.
  • stuartperry
    stuartperry Online Community Member Posts: 43 Contributor
    obviously I know what my health issues are but I don't know which particular bit they recognised.  Should I just continue to focus on what I have been saying
  • poppy123456
    poppy123456 Online Community Member Posts: 63,179 Championing
    I never asked if you knew what your health conditions are, of course you know this. What i said was if you knew the reasons why you were placed into the Support Group... meaning which descriptor applied to you previously. This is what you need to focus on.
    You can see the descriptors here, it's says LCWRA but this is exactly the same as Support Group.
    You may also want to get some expert advice, for this start here. https://advicelocal.uk/


  • stuartperry
    stuartperry Online Community Member Posts: 43 Contributor
    edited February 2022
    sorry yes kind of get you... they would've chose the descriptors? when they previously placed me in support Group.  How would I know which descriptor..
  • poppy123456
    poppy123456 Online Community Member Posts: 63,179 Championing
    If you don't know which one applied previously then you'll need to have a look at the link to see which you think applies. You only need one descriptor for Support Group.
    If none of those apply then there's also Reg35 substantial risk, which is explained here. https://askcpag.org.uk/content/200124/esa-and-substantial-risk

  • stuartperry
    stuartperry Online Community Member Posts: 43 Contributor
    so poppy, Would you say evidence is more important then me giving an actual account of what it is I'm going through? if I don't have evidence to back what I'm saying how does this work?   also what evidence is acceptable, appointment letters?
  • stuartperry
    stuartperry Online Community Member Posts: 43 Contributor
    also in the appeal form online is asking for representative details. can I get one later if I decide to? in the reasons for my appeal does this need to be pretty Strong and covering everything? can it be brief, how detailed does it need to be.  also worried about evidence,what makes good evidence...

    sorry with all da questions coming in my head, getting a bit worried.   
  • stuartperry
    stuartperry Online Community Member Posts: 43 Contributor
    Where can I see the descriptors for the support group
  • poppy123456
    poppy123456 Online Community Member Posts: 63,179 Championing
    I posted the link in a previous comment, you can see them here, As advised, it says LCWRA but the Support Group is exactly the same. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity

  • stuartperry
    stuartperry Online Community Member Posts: 43 Contributor
     On the website benefits and work , they are selling guides for  how to win your appeal. Would anyone recommend it or is it just going to be similar what’s  already been said here ? 
  • poppy123456
    poppy123456 Online Community Member Posts: 63,179 Championing
    They charge £20 membership for a year and then you get access to the guides. Personally, I don’t agree to paying for things like this when you can get advice for free. Start here https://advicelocal.uk/