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please could any help my wife had a stroke march 2010 after rehab and physio which finished in sept 2012 she has been on esa wrag for the last 12 months this stopped recently when we first claimed this she was sent for a medical assesment and later placed in the work activity group her condition upto now has not changed she has vary little use in her left arm and the same in her left leg we did not know at the time that you could appeal against this descion we also did not receive the medical report form until last week when i requested it she does receive dla ihave put in an appeal to try and get her placed in a support group i would just like to know if any other members have ben in this situation and would be grateful for any advice or feedback thankyou

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thanks for the reply i have really got my claws into this one with this goverment anything i find out about this apeal and the outcome i will put on this site maybe it will help other people first thing i did find out anybody appealing dont send the form off. take it to the local jobcentre, they will fax it through and apparently it gets dealt with a lot quicker unfortunately i found out after we had posted my wifes apeal once again thanks

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  • 2 weeks later...
  • 2 weeks later...

Hi,

1) check the laws they have applied in your case. They don't tell you automatically - you have to ask. I complained that it is not fair and a breach of Human Rights Article 6 right to a fair trial which applies to civil (appeal tribunals) as well as criminal cases. If they haven't applied the law correctly then their case has failed even before you get onto the points scoring mullarkey.

2) Go through the points scoring conditions and score yourselves according to the conditions set out there. If you score yourselves as 15 or more points then you have a chance. Get a letter from your doctor to support your own score if you can. Remember, their doctor doesn't know you and he only supplies an opinion - the same as your own doctor (who knows you)

3) If your med cert says unfit for work then that is what it means. There is a conflict with their opinion already. If the med cert says can do limited work then that's diffferent but if it says unfit for work then that is what it means - let the tribunal decide.

4) Turn up for the hearing -if you don't you will almost certainly lose. DWP are losing 40% of appeals according to the published figures I have seen so you have a chance.

5) if they rule your appeal out of time write to the Social Security Ombudsman -details on the net

I've just won an appeal for my step-daughter by doing what I've listed above. Hope it helps

Good luck

Macca

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hi thankyou macca and others for your imputs upto date we have phoned the dept of work and pensions about 8 times just to see how far forward the appeal has gone first couple of conversations that the appeal has gone to the descision maker then next few calls each person we spoke to had a different story ,one conversation the guy told me that the appeal would have to go to court and it depended on the courts in our area when the hearing would be this was without even asking me for any of my wifes details ie name ,ni number ,address , password then the other morning we had a message left on the phone that the appeal had been upheld and an emergency payment would be going int our account justice at last NO payment ,after phoning them back to see what had happened and telling them about the message apparently it was passed to another dept afterwards and they declined it anyway exspecting a phone call of the descsion maker tommorow will have to see

macca thanks for the advice just one thing when we went to the doctors 3 weeks ago she gave my wife a sick note for 2 months saying unfit for work but when i asked if she could give us some sought of letter regarding my wifes condition she said that she did not do that all she could do is answer any questions the dept of work and pensions asked her

i thought at first by keep ringing them it would get them( dwap ) annoyed , but to speak to so many different people in the same dept and get so many different answers its got our backs up so weve descided we are going to ring everyday somtimes twice a day

well we will see what tommorow brings will post soon

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  • 3 weeks later...

Hi,

We won our appeal on 2/1/2013. Still not had the money back yet though. We had similar experiences over the phone, saying they hadn't received letters or had calls etc when we knew they had. So start logging them and keeping copies of letters. I was able to demonstrate they had received letters and calls when they denied it. On the appeal, they had only considered one medical condition when my step daughter had five - yes they missed four! The law had been applied incorrectly - again they applied a regulation on the basis they had tried to contact her by phone - they hadn't - the number they said they rang my stepdaughter on was in fact my wife's and there were no missed calls on the day in question and no voicemails or texts - porkies on their part.

In one instance they said I had received a letter that gave me the decision on the back of it with the reasons for disallowance. I told them the letter said the reasons would be sent out by separate letter which we never had. Embarrassingly for them, they asked me to send it back in so I did - and I got a letter of apology from them.- They didn't even know what their own systems had sent out. How poor is that? The tribunal loved that one!

I've written to the ombudsman now - still fighting but if you can show their administration is poor as it was in my case, you've a chance. We have to keep shouting to get things changed.

As for your doctor - that is poor. try your hospital doctors? or go and see a private doctor and pay for a letter

I wish you well.

Macca

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