How do you win an ESA appeal?
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portia1960
Online Community Member Posts: 8 Listener
Hi
I have a friend who is self employed, has worked for the past 47 years in all that time only had 6 weeks off from work with broken leg , he has paid national insurance contributions for that period of time and tax .
Last year he found himself in the unfortunate position of having a 7 hour operation to put all his tendons in his right shoulder back , and was warned by the Surgeon that the pain could last up to a year , and he was not allowed to go back to work .
He is still under the care of the Royal National Orthopaedic Hospital in London and Stanmore .
He is taking Morphine tablets as well as having a 20mg morphine patch for the pain and nerve injection , only allowed 2 within the year .And Zoplincone to help him sleep .
He undertook a pips medical assement and got awarded standard rate .
He then had to take a ESA medical assement and got awarded standard rate , unfortunately for him he then had to go over to universal credit , and failed their assement .
He took his medical file , which contained Consultants letters , Surgeons letters , physiotherapist detailed plans the lot .The asssesr said she wasn't allowed to read his medical file , and asked him about his legs , one question on his arm and low and behold he was declared fit for work .
Is that even legal. THROUGH NO FAULT OF HIS OWN , HE HAD TO TAKE A YEAR OUT AND FULLY INTENDS TO GO BACK TO WORK .
He has been threatened with sanctions , still awaiting to here his appeal
I have a friend who is self employed, has worked for the past 47 years in all that time only had 6 weeks off from work with broken leg , he has paid national insurance contributions for that period of time and tax .
Last year he found himself in the unfortunate position of having a 7 hour operation to put all his tendons in his right shoulder back , and was warned by the Surgeon that the pain could last up to a year , and he was not allowed to go back to work .
He is still under the care of the Royal National Orthopaedic Hospital in London and Stanmore .
He is taking Morphine tablets as well as having a 20mg morphine patch for the pain and nerve injection , only allowed 2 within the year .And Zoplincone to help him sleep .
He undertook a pips medical assement and got awarded standard rate .
He then had to take a ESA medical assement and got awarded standard rate , unfortunately for him he then had to go over to universal credit , and failed their assement .
He took his medical file , which contained Consultants letters , Surgeons letters , physiotherapist detailed plans the lot .The asssesr said she wasn't allowed to read his medical file , and asked him about his legs , one question on his arm and low and behold he was declared fit for work .
Is that even legal. THROUGH NO FAULT OF HIS OWN , HE HAD TO TAKE A YEAR OUT AND FULLY INTENDS TO GO BACK TO WORK .
He has been threatened with sanctions , still awaiting to here his appeal
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Comments
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Hi @portia1960
Welcome to the community! Sorry to hear about your friends current situation. Unfortunately I do not know the best advice to give you right now however other members may be able to help and will be in contact soon
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Thanks Ami2301
Can't wait for replies1 -
Hi @portia1960 and a warm welcome to the community. I am sorry to hear about your friend. I know other community members will have had trouble with this. I will move your discussion to the ESA section and hope this generates some responses for you.
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Hi,
There's no standard rate for ESA it's either WRAG or Support Group, which of these groups was he placed into and what was the reason why he had to claim UC?
Regardless of that he now has 28 days from the date of the decision to request the MR, he should put the request in writing stating what he disagrees with and which group he thinks he should be placed into and why. I'd advise he contacts a disability advice centre in his area like welfare rights for help with the MR and Tribunal, if it gets that far.
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Hi
He was on ESA but had to go over to universal credit , which was introduced in Braintree .
He has appeakked0 -
Sorry bad spelling meant appeal0
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Did he moved area and have a different local council which meant he had to change to UC? or was he just told he had to change because the area he lived is now a full UC area?0
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I was on ESA then when I got my housing benefit was moved onto UC because I was in the full UC area .
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That will have been the reason you had to change to UC yes because you couldn't claim LHA in a full UC area. Good luck with the Tribunal.0
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I hope hes sorted soon0
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