My wife was unknowingly placed in a work support group over a year ago. We have always believed that this decision was wrong. Her ESA stopped in March as she had received it for 365 days.We appealed but the appeal was struck off because it was late. We applied for ESA again 12 weeks later due to a deteriorating condition but the decision was, that although she had limited capability for work she did not have limited capability for work related activity. We appealed this but have since received a letter saying the decision stands and we will be notified when the tribunal appeal will be heard. On the letter it states that she was seen by a health care professional on 07/05/2013. This is not the case she has been seen by no one. She filled in a medical questionnaire and was told no further assessment was necessary. She scored 15 points but DWP contend that she did not meet the criteria of any of the descriptors. We disagree with this. Someone from jobcentre+ phoned her last week, even though I have made it quite clear that she is unable to cope with this and for this reason I am representing her. This person stated my wife's response to her questions but failed to mention in the letter that she had reduced my wife to tears She has seen a consultant and been diagnosed with Chronic Fatigue Syndrome on top of her existing condition Depression/Anxiety and the consultant stated that any type of work is out of the question. The decision has been made on the word of a registered nurse( who looked at her medical questionnaire) over the word of a specialist. We were not given time to gather evidence from the consultant and my wife's GP but we wrote them a letter explaining what the consultant recommended but they have disregarded it. I will have all this evidence when I go to the tribunal. As she struggles to walk 50 metres without suffering pain and discomfort I believes she meets the criteria of that descriptor and she has difficulty relating to others without causing her significant distress( she was distraught when she received that phone call) therefor we believe she meets that one as well. he letter states Advice" I advise that the person meets the criteria for having limited capability for work". Prognosis "I advise that work is unlikely within 2 years" " The available evidence suggests improvement is unlikely in the long term" I don't know what to expect at the appeal so any help would be really appreciated. I don't know if I want to put my wife through the ordeal of attending the appeal or if I should go on my own.

I went to a appeal on Monday and have gone through a dla appeal..It is formal but not frighteningly formal..

She needs to go so the people on the panel can see for their own eyes what a state she is in..

Turn it around as a great opportunity to get the real truth out and for people to see what you are going through.

I can not emphasise so much how important it is to create a paper trail with your doctors and specialists..

Keep everything and give it all to the appeal..

Have a look at regulation 35 which is there would be significant risk to her physical health is she were found capable of work related activity..

Keep calm and good luck...Here the waiting time for appeal is over 12 months...

:bigzan:

Some comments on what you've written:

Was your wife in receipt of a conversion award from incapacity benefit? And for whatever reason, the decision wasn't appealed until you realised her payments would cease? You applied for ESA again 12 weeks later. New claim via phone/ESA1 claim form, or a request for a new decision (supersession) cos of deteriorating function?

Both Atos and Jobcentreplus need written authority from your wife for them to discuss her claim with you. Even when it's in place they tend to 'overlook' it whenever possible. But no one has to accept a call from Jobcentreplus. If there's a next time, your wife can ask them to send a letter cos she can't cope with/gets confused by/doesn't remember phone calls.

Unfortunately the opinion of your wife's consultant is irrelevant to an award of employment n support. Entitlement to the support component depends on meeting one of the descriptors or reg 35. Both are explained in the sixth link of CAG's guide to appeals at;

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information

Preferred evidence for an employment n support tribunal panel is oral evidence from the appellant. If your wife can visit her doctor and keep hospital appointments she shouldn't even consider not going to a tribunal hearing. Most panels are firm but fair, and well used to nervous appellants.

Sincerely, Margaret.