newbie - esa and dla HELP!!!

Diandra83

Hi
Just wondering if anyone here has any answers to a few questions. I have failed my esa medical with nil points - as you will prob have guessed or experienced they didn't ask for any report from my doctor. I have put in an appeal however with the length of time this takes that may be a while. Can anyone tell me what an appeal is actually like and any tips??
I was sent to a benefits advisor by my nurse as things are so bad I can't work and I am currently using a walking stick amongst other lovely devices that every 28 yr old wants to use When I went she advised that I should be claiming for DLA which she basically filled my form out for. I am waiting to hear - does the fact i failed an ESA medical affect this?? And will they actually contact my doctor??? Sorry for the million questions but since I have never claimed a benefit before I am new to the whole thing and it is very confusing!!

Colin1

Hi Diane and welcome, you will get a better responce for your artical if you post on the chit chat Forum
Colin

tjt6768

I reckon it's good posted here Col.

Hi, welcome to the forum mi dear.. Don't apologise for all the questions.. That's what this place is for, questions, answers, advice etc.
I'm afraid I can't answer the appeal one, I've had them but it was many yrs ago and things may have changed. I do know that you can and should take someone with you and that they watch your every move...
Losing the ESA should not affect DLA, this is a totally different benefit that you can claim whilst working even..
Very best of luck, keep posting and I'm sure you will gery many more answers soon

gilly1957

Hi

Im on ESA and had my appeal last JUne,i was very lucky was only in there a couple of minutes,they had already made their minds up that i should be on ESA, just by the paperwork id submitted.

I went to the CAB, they were a big help,with doing the papperwork,but couldnt come to appeal as they had lost the funding.

It is a good idea to take someone with you for moral support if nothing else.

I dont know about DLA, but there is a very good site called benefits and work....they have advice about all benefits,and appeals,some of the information is free,but for more detailed info you need to join,think its £18.
for a years subscription,i used it to fill in my last lot of ESA medical forms,its very helpful. They also have a forum.

Good luck Gill

.

Avrielle

Hello. Yep, claiming is a horrid process and they almost always knock everyone back the first time, which is silly because it costs them so much money for the appeals process and would probably save money on the benefit budget if they actually gave the benefits people are entitled to the first time round!

They almost never request information from your GP and rarely actually bother requesting from other people you ask them to contact. That is why you mustn't give them an option to overlook essential evidence to your claim and your health. Always ask for copies of letters to be forwarded to you from your specialist/doctors/health proffessionals. You can ask the doctors you see to write a letter for you giving an explanation of your health condition(s) and their opinion on if it affects your daily living, ability to work, etc. They may decline, and some may ask for a small fee for writing the letter. Some may only put very limited information. But it is always worth asking as a good letter from a healthcare proffessional will definately aid your case for benifits.

You can also ask other people who help you in your situation to write a letter. A carer, if you have one, even if they are unpaid. A friend who helps you with your difficulties. Social Worker, if you have one or if you have recieved equiptment or help from the social services to help you with your difficulties. They aren't solid for evidence, but it will definately help back up your case for your appeal.

If you get letters, then send them to the tribunial service as soon as possible so it will be added to your evidence which they will have to look at. Contact the Job Centre for info on where or how to send it.

That really is a small part on how to win a case, but I found it very valuable to have as much evidence as possible. The others have good advice too. The CAB can represent your case for you and it does relieve the pressure a bit on the day. If you can't get a representative, or wish to represent yourself, have somebody with you - for support on the day if nothing else- but the desicion maker will note it if you attend alone and it may go against you.

I could write for pages on the subject, and I might create a post one day giving the ins and outs of it all, but it wont be today, sorry.

Wishing you the best. Xx

barbara12

Hi Diandra83
Its looks like Avrielle has give you lots of info, I just want to say welcome to the forum, and I do wish you well with the appeal xx

Avrielle

Failing your employment and support allowance assessment will not affect your DLA claim if you are appealing the desicion.

I also should add that most GPs will charge a fee for writing letters about patients these days, and this is why the DWP will not request information from them. You can ask your GP for a letter yourself though. I have done that and he didn't charge me, but it was a very basic letter.

Feel free to message me if you want to chat about it. Claiming benefits and appeals really is an endless topic, but I'm happy to give advice and help where I can. Xx

Diandra83

Wow you really know your stuff!! Thanks for the advice and I may take you up on the offer if I run into any walls which no doubt I will. Hopefully the DLA will go better as I went to a benefits advisor and got them to help me and they will represent me at my appeal which I am really glad about also!!
And hello and thank you for welcoming me xx

sbolam

Hi.

Have you got a copy of your esa medical report? if not I would suggest you ring tbe DWP ask for it, and then go through it with a fine tooth comb point out any miss-leading and implied comments as well as, where you should have gotton points and why..

point out everything that was not said that you think should have been mentioned.

did you get the this person can use a wheel chair to propel futher than 200 meters? I did and I point out a little bit of case law.

regards

stephen.

Diandra83

Hi

I have indeed got it and there are lots of things in it that I am not happy about the main thing being when I had my 10min medical thats meant to be 30 - 45mins a lot of the things that were written were their interpretation of what I said rather than what I actually said and contains statements such was "she was well groomed and pleasant" In a manner that suggested there could possibly be nothing wrong with me!! I feel like I need to show up filthy and be rude to be taken seriously!!

Thanks very much for your advice I really appreciate it x

tjt6768

these people will twist things you say and litre about things too..
Please photo copy ANYTHING you send in firms, etc.. And always send them registered delivery, or whichever delivery us the one that's to be signed for..
I'm currently appealing being placed in the work related activity group. I believe I should be in the support group but it's a slow process

Very best of luck hun

Avrielle

It took me nearly 2 years to finally be placed on the support componant, and I will need reviewing (ie re-assesed) every six months. But its worth it. It means I no longer have attend that sick joke that is The Work Programme.

There are so many aspects of an assesment/appeal that it is very difficult to cover it all in full.