How long will my appeal take and how do I claim ESA while waiting? - Page 2 — Scope | Disability forum

How long will my appeal take and how do I claim ESA while waiting?

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  • mikehughescq
    mikehughescq Member Posts: 7,795 Disability Gamechanger
    Hartnsoul said:

    Re recording the worst case scenario on a typical.day I have actually been told that by three different advisory sources now…

    I couldve done with a letter to add for my hearing but no chance now. Im almost resigned to losing this appeal and worried I wont be able to go on the day if I get too ill.. 
    … which just shows there’s a lot of **** advice out there. 

    I’m not clear why you persist, despite the advice to the contrary in this thread, in believing a letter from a consultant, which won’t address the descriptors, would somehow make a difference. What will make a difference is your detailed anecdotal evidence.
  • calcotti
    calcotti Member Posts: 3,336 Disability Gamechanger
    edited July 11
    Hartnsoul said:..Re recording the worst case scenario on a typical.day ...
    If your condition fluctuates then the ‘worst case scenario’ is not typical. What need some to be determined is what you can do on most days. So if you are describing ‘bad days’ you have to be clear how often these occur and place them in the context of ‘good days’ too.

    See
    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/925097/wca-handbook.pdf
    pages 73 to 74
    The approved Health Care Professionals choice of descriptors should reflect what the person is capable of doing for most of the time. In other words, could the person normally carry out the stated activity when called upon to do so?

    For conditions which vary from day to day a reasonable approach would be to choose the functional descriptors which apply for the majority of the days.


    Detailed exploration of the frequency of the “good” and “bad” days, what activities can be done on “good” days and on “bad”, what makes a day “good” or “bad”, any specific triggers/precipitating factors for the “bad” days, etc is required in order to be able to choose the appropriate descriptors.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • Ross_Scope
    Ross_Scope Posts: 5,393

    Scope community team

    Hello @Hartnsoul

    Sorry to hear about how much this is still impacting your well-being, I hope the advice above from other members has been helpful. 

    I believe we were in contact with you a couple of weeks ago, do ensure you take note of the resources in our email and utilise them if you feel you need support. Have you had any further contact lately with your GP about how you feel? If you want to chat about anything, you can always get in touch with us at [email protected] 

    Take care
    Online Community Coordinator

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  • Hartnsoul
    Hartnsoul Member Posts: 22 Connected
    Hi, I just want to update you and thank you for your advice on here. It really did help to be able to discuss it and the advice was welcome and certainly helped witb reviewing my appeal presentation. 
    As you probably gathered, I was getting extremely stressed and feeling like giving up but on reading through the report following my health assessment in December the lies really fuelled my determination to get justice, no matter what so I submitted my appeal. I read all Id written after a break from it and I did look for the weaknesses in my case, edited it all and sent in my appeal.along with my consultants letters about my condition, and my Doctors letter with her opinion, all obtained in the extra time I had, fortunately. 
    I had my appeal at the end of July, I was seriously stressed as I didnt think I was ever going to get out of hospital in time! I then had one day only to get organised for my appeal but made it. Friends took me in and were on standby to come in if needed so I felt well supported although the ine who wouldve been more useful was too nervous with it being held in the courts. Thats rather intimidating to start with. I was asked one question by the judge and 4 questions by the Doctor who clearly knew sufficient about cardiac issues from the questions he asked. They left the room for 3 minutes total and returned with their decision to grant my appeal. Whilst my criteria generally did not guarantee the points required, my condition eas considered serious enough to cause concerns about wven putting me in the work related ESA group so theyve returned me to my previous ESA claim with disability. Although not mentioned I handed over a copy if the recent hospital discharge papers from 2 days previous which probably reassured them theyd made the best decision, and if they needed more proof of how it affects me I promptly collapsed on the way out the room and was carted back to A&E in an ambulance again. The worst thing was they put me on another new med thats made me so ill since Ive been incapable of doing much at all so Ive had to stop them in order to function and attend medical appointments. Not exactly a celebration, I think the stress triggered more cardiac problems and I just feel I will never get better now. Im still unable to get consent to drive again and facing this appeal and having to write everything down about my condition has made me realise just how incapacitated I am and losing my voluntary role was upsetting. I am very up and down mentally now and trying once again to combat the depression its all brought back again. I so wish I was well enough to be back in the job I really loved it was great to get out of bed for every day. This situation has made me question life, and everything now, but I need to get rid of this dark cloud to be able to bounce back from it again. 
    During my appeal I succesfully received DHP at 3 month intervals, the first backdated to Feb and the second 3 months til last week. They paid during the appeal wait only and its now ended. Im really grateful for that and apparently I don't have to repay it so its been a great help. 
    The appeal decision was confirmed in writing with a recommendation that they do not reassess me within a year. By that time I will be only months away from my pension anyway and will be far better off financially and hopefully without any dwp intervention. Its sad to think.I probably won't have anything to retire from, Id got visions of working well into my 70s as I loved my work. I still dream of getting back to it yet and getting back to driving again but its faded recently into what is/may be the reality of my condition. Preparing for this appeal has taught me that I dont think Id ever grasped the full extent or impact of my condition and I had been blissfully hoping once my meds are all sorted Id gradually feel better again and Id eventually get back to my usual lifestyle. Although its a permanent condition Id somehow acceoted it as a temporary glitch and Id be back again, bigger and better! I am now looking at getting some counselling for this as its really getting me down.
    The Doctor at my appeal asked if I had applied for or was getting PIP. I said no but I would take the advice to reapply for it, following my appeal. He agreed I should so I will do that but I haven't been keen to go through any more of this yet, Im still recovering from my health problems following my appeal. I would just like a few weeks without any admin re dwp, PIP, housing etc to get well enough to cope with anything else! 
  • Girl_No1
    Girl_No1 Member Posts: 124 Pioneering
    @Hartnsoul you've certainly been through the mill, both in terms of your own health and the ESA process.  It is extremely daunting recognising we need help/support and acknowledging we *may* never be able to return to work we enjoyed.  Well done in having the strength to see this through to this stage!

    Re:  PIP etc. perhaps you're right in taking a few "stress-free" weeks before you pursue these - unless you have someone who can get the ball rolling on your behalf?  

    Whatever you decide, again "Well Done!" for getting to where you are.  :smile:

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