ESA suspended as i'm "fit for work"

[JudgeDreddy]

One assumes this is the correct place.

I've been told my ESA is being stopped as their obviously highly trained team have, based on a questionnaire and a 30 min interview, deemed me fit to return to work.

It does however beg the question of why they haven't spoken to my doctor, but hey ho, that'd be the intelligent.

Now i have the joys of appealing, given i'm a bus driver who has suspected sleep apnea I deem myself unfit to return to work until told so by someone with more qualifications that a first aider in a supermarket.

I've penned a letter, would appreciate any help as time is of the essence.

Dear Sir/Madam


I am writing this letter to appeal the decision made by yourselves in regard to my eligibility to ESA after a Work Capacity Assessment.


I am appealing on the grounds that I am not only awaiting the out come of an overnight sleep study that took place at the xxxxxxxxx wing of xxxxxx xxxxxxx Hospital on the 13th Feb 2011, but the nature of my symptoms are enough to have me signed of by three different doctors.


I also believe that the nature of my symptoms would put me and others in a possibly life threatening situation.


I also wish to point out that the company I used to work for has stated that upon successful treatment and if there is a vacancy available then I’m welcome to go back.


If your team feels I am in a fit position to return to my position as a Bus Driver, would you be willing to provide a letter for my employers taking full responsibility should anything occur over the next 6 months?


I await your reply.


Yours sincerely








JudgeDreddy

anything i can add or remove from this.

TIA

JD

[roomtobreathe]

Re: ESA suspended as i'm "fit for work"

The company that does the assessment is paid according to how many people it gets off the system. Couple that with Government pressure and a huge number of people fall at the first hurdle.

Find out their appeal procedure and follow that. Something like 85% of all appellants are reinstated, I believe.

The government is borrowing tactics from the DCAs in their crusade to reduce the benefits bill. It works if people roll over and accept it.

[jen_br]

Re: ESA suspended as i'm "fit for work"

Hi I had an ESA appeal ages ago, the letter is fine you don't need reasons for the appeal just that you want to appeal, you then go back on the basic rate until your appeal

Depending on the area you live this cold take up to a year! THEN you need to get a copy of the point system -- which should be sent out to you but you can google for it as well this will explain where you can get the extra points to make 15.

Onceyou figure out what catagories you fit into you are now armed for your appeal. basically the appeal process is 3 people one of which sometimes 2 are registered doctors. You basically go in and tellt hem how you felt. (Felt on the day of your medical not how you feel present day even if you feel a bit better thats not what they care about) this tribunal should take between 5-30 minutes pending on who you get.

I was in and out of my tribunal in 4 minutes. I won.

PS Ive edited your letter because your coming across a bit rude near the end and in fairness there is no need for the tone.... Remember these people your writing to don't care why you want to appeal just that you do.

Oh and i believe its just a form you fill in when you got your medical results there was a form inside that says "Wish to appeal" check this box. if you dont have it call the ESA helpline or jobcentre. Heres the letter I sent: -- I got this letter originally from benefitsandwork.co.uk which I suggest you have a read of.

I wish to appeal against the decision that I do not have limited capability for work. I consider
that I provided enough evidence for a finding to be made that I do have limited capability for

work

and limited capability for work-related activity.

I do not consider that the decision maker took full account of the severity of my condition or of
the way that it affects my everyday activities and bodily functions. I felt that the sleep test that was taken on Feb 13th 2011 was not taken into consideration and this alone proves im not fit for work. This is just one example of why I believe the decision is wrong.

Please do not ask me to provide further details of my grounds of appeal as I will not be able to
do so until I have been provided with a full copy of the papers and had the opportunity to try to

get independent advice and support.

[JudgeDreddy]

Re: ESA suspended as i'm "fit for work"

thanks Jen, it was meant to sound rude lol.

It's copies the tone of the letter they sent to me, it amazes me how it's allowed for someone with the medical knowledge of a sprout can declare me fit for work without even consulting my doctor or medical notes.

Not only that, give it another month and i could be free of the system anyway.

[IF]

Re: ESA suspended as i'm "fit for work"

JD, the same happened to me. They stopped my IB in October 2010, I'm still waiting for the appeal date......they said it wouldn't be before May 2011.

I contacted Welfare Rights, a nice chap is representing me and will come to the appeal too. I had to claim ESA whilst waiting for appeal and passed my medical this time with help from him and Jen

So it maybe worth contacting Welfare Rights in your area for extra support.

[Never-In-Doubt]

Re: ESA suspended as i'm "fit for work"

thanks Jen, it was meant to sound rude lol.

It's copies the tone of the letter they sent to me, it amazes me how it's allowed for someone with the medical knowledge of a sprout can declare me fit for work without even consulting my doctor or medical notes.

Not only that, give it another month and i could be free of the system anyway.

Bear in mind that within benefits appeals, being rude will go against you from outset - as jen says, best to stay polite and professional..... you're right, they are wrong - easy for you to argue/appeal. Being rude doesn't help much, honestly! It does to banks etc, not to DWP though (it'll have the reverse effect)

Where you live doesn't have "welfare rights" per se, it calls itself Adult Social Care - however ring the council and see..... 01522 552222

Linky: ---> http://www.lincolnshire.gov.uk/resid.../38519.article

Adult Social Care
Orchard House
Orchard Street
Lincoln
Lincolnshire
LN1 1BA

[JudgeDreddy]

Re: ESA suspended as i'm "fit for work"

right will get the kind letter sent out....