waiting to appeal ESA

PollySid
PollySid Member Posts: 343
edited 27. Jun 2012, 10:38 in Living with Arthritis archive
Is it right that you have to wait for the confirmation letter to come through before you can appeal an ESA decision?
That is what the lady who rang and told me I had been denied it said.
That was 16 days ago and I still haven't got a letter from them. I checked yesterday and I had still got my full 2 weeks money gone in the bank so they haven't stopped it yet.
I saw my Dr last week as I had been getting very bad leg nerve pains.
He went down my spine with his thumb, which was ok until he got bra height. That made me jump, then progressively worse on the way down. He stopped at my trouser waistband as he didn't want to hurt me too much.
I told him about the ESA decision and he said to appeal and he would back me up. Apparently he has a patient that is still awaiting her appeal after 18 months :shock:
He gave me anothe sick note for 3 months. What do I do with it? Send it to DWP as before or wait for them to ask for it? I don't want it to get lost while they are trying to stop my ESA.

Comments

  • Numptydumpty
    Numptydumpty Member Posts: 6,417
    edited 30. Nov -1, 00:00
    It all sounds dreadful Pollysid, but at least you have a good doctor on your side! I wish you luck with it all.
    All the best,
    Numpty
  • justinbarrow
    justinbarrow Member Posts: 338
    edited 30. Nov -1, 00:00
    If you are due a sick note then I would send it to the dwp so that they can still pay you the correct money, You have to submit medical certificates whilst you are waiting for an appeal or for it to be heard.

    Sorry to hear about your issues - Keep us posted :)
  • sbolam
    sbolam Member Posts: 374
    edited 30. Nov -1, 00:00
    Hi, Pollysid, it seem that your going through the mill. I would suggest you give them a ring and let them know you have not had a letter just in case. as you need it so you can get the appeal done.

    stephen
    04_pain.jpg
  • coco67
    coco67 Member Posts: 2,374
    edited 30. Nov -1, 00:00
    pollysid, write and request a copy of your medical report and state you are apealing the desision, dont wait much longer for there letter, or it may be to late. keep a photo copy of the letter and record delivery it, also photo copy any sick notes you send and record delivery those, atos are renownd for "loosing/denying " recieving paperwork. they hope you delay you untill its to late to apeal.

    state clearly you are apealing there desision and have the full backing of your dr.

    good luck with this, ive been through it all. xx
  • PollySid
    PollySid Member Posts: 343
    edited 30. Nov -1, 00:00
    justinbarrow wrote:
    You have to submit medical certificates whilst you are waiting for an appeal or for it to be heard.

    I will get that sent off tomorrow, thank you Justin.

    Stephen (sbolam) wrote 'I would suggest you give them a ring and let them know you have not had a letter just in case.'

    Thankyou Stephen I will ring them tomorrow too. Have you got your appeal sent off yet?

    Coco - I already have a copy of my medical report, had it for weeks now.
    I will make sure I photocopy everything I send. Thank you.
  • frogmorton
    frogmorton Member Posts: 30,086
    edited 30. Nov -1, 00:00
    This story is an all too familiar and frustrating one :(

    Can I just wish you all the best with your appeal.

    STAY strong

    Love

    Toni xx
  • sbolam
    sbolam Member Posts: 374
    edited 30. Nov -1, 00:00
    hi, pollysid.

    I have sent in my 4 pages appeals letter. they have my 3 month sick/fit note. so its now a waiting game. I will phone them next week tho just to chase them up.


    stephen
    04_pain.jpg
  • sbolam
    sbolam Member Posts: 374
    edited 30. Nov -1, 00:00
    oh and polly, did it also state in your medical report that you could propel a wheel chair more that 200 meters. if they did I have a bit of case law relating to that a some harse words about being test for something without my knowledge.

    stephen.
    04_pain.jpg
  • PollySid
    PollySid Member Posts: 343
    edited 30. Nov -1, 00:00
    No Stephen, nothing about a wheelchair in my report.
    I am still waiting on the decision. They just don't seem to know what they are doing, apart from they were quick to stop the money though.

    I rang them last Thursday and they said it was because they hadn't received a new sick note, nothing to do with the decision as a decision hadn't yet been made. Nothing on their computer to generate a decision letter. That's strange the lady who spoke to me last Monday (3 days earlier) said it had and the letter would be in the post straight away.

    I think the money stopping was my fault as I hadn't sent in my latest sick note. I was expecting a letter from them and thought I would have to take the new sick note to the JC. I sent it next day recorded so they should of had it last Friday.

    I've decided not to contact them anymore, if they start paying me again. If I am lost in the system at least I will get £71 per week hopefully until I retire next February.
  • bubbles
    bubbles Member Posts: 6,508
    edited 30. Nov -1, 00:00
    Hi Polly
    Just wanted to wish you well in the appeal, let's hope it stops at the next stage, in your favour. It is an all too common concern that ATOS assessments are so far from the facts of a case that is beggars belief and so many people are appealing against the original decisions.
    I went through the DLA appeal process last year and won, in fact they stopped the appeal, before it went to a hearing, as they finally realised that I won't be getting any better and my care needs are increasing. It does take some time for the message to get through.
    Send them everything you can, from everyone involved in your care and keep copies for your reference.
    One day, we will win the war, instead of fighting every battle. xx Bubbles
    XX Aidan (still known as Bubbles).

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