How do you win an ESA appeal? — Scope | Disability forum
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How do you win an ESA appeal?

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portia1960
portia1960 Community member Posts: 8 Listener
edited August 2018 in Employment and Support Allowance (ESA)
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
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Comments

  • Ami2301
    Ami2301 Community member Posts: 7,942 Disability Gamechanger
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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 :)
    Disability Gamechanger - 2019
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  • portia1960
    portia1960 Community member Posts: 8 Listener
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    Thanks Ami2301
    Can't wait for replies 
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  • Chloe_Scope
    Chloe_Scope Posts: 10,586 Disability Gamechanger
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    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.
    Scope

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  • poppy123456
    poppy123456 Community member Posts: 54,025 Disability Gamechanger
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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. 
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • portia1960
    portia1960 Community member Posts: 8 Listener
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    Hi 
    He was on ESA but had to go over to universal credit  , which was introduced  in Braintree  .
    He has  appeakked
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  • portia1960
    portia1960 Community member Posts: 8 Listener
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    Sorry bad spelling  meant appeal
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  • poppy123456
    poppy123456 Community member Posts: 54,025 Disability Gamechanger
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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? 
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • portia1960
    portia1960 Community member Posts: 8 Listener
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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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  • poppy123456
    poppy123456 Community member Posts: 54,025 Disability Gamechanger
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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.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • embo75
    embo75 Community member Posts: 1 Listener
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    I hope hes sorted soon 
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