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failed esa medical and benefit stopped at 8weeks into claim


missjean2010
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Hello

I have failed my esa medical (not surprising really) I have only been on esa for 8 weeks and they have stopped the benefit pending apeal :| so we are left with child tax and child benefit (£70 per week for 3 people my partner/carer, 2 year old and myself)

I have appealed myself but i have been reffered to CAB to help with the appeals. does anyone have any idea how long it takes to get the payments up and running again as ESA has been no help at all :mad2: also i have been reading up and seen that they just backdate the money from the work focus or support group (if im successfull) from the 14th week but im not even there yet so how can they stop my benefit when there is a sick note in and im only 8 weeks into the claim? :mad2::mad2:

I suffer with a rare brain disorder called idiopathic intracranial hypertension, which basically means i have pressure in my brain (all of the same symptoms as a brain tumour but no tumour present) so i suffer with sever headaches, blurred or double or tunnel vision, on top of bad eye sight, tinnitus, photophobia (pain from bright lights) dizzyness and nausea, lack of depth perception ( i cant tell the height of things so my partner needs to come everywhere with me) and memory problems

 

I have recieved the letter and got 0 points :!: even though i couldnt do most of the things but the atos medical person would not listen to me and said on the dessicion i can do them, such as i cant bend down and touch my toes as i get dizzy and can pass out :|

 

sorry if this dont make sense

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Hello and welcome to CAG. Your post makes lots of sense to me and if you have time to read around, you'll find you're not the only one by any means going through this. Nul points is pretty normal here, sadly.

 

I thought you were meant to be paid the assessment rate while you appealed, but hope one of our gurus will be along later to confirm.

 

I can't comment on the ins and outs of what you've asked, but someone will. You should get your appeal in though. You need to send in a GL24 form that they should have sent you, but you can find it online and print one. I have a forum sticky that has some information and links for this, if you'd like to have a read. If you use the back arrow to come out of your thread and scroll up, the stickies are in the yellow part of the forum. Even if you have CAB to help, HadEnough from the forum used the sticky to summarise why his decision from the DWP was wrong, and the information helped his Welfare Rights person to argue on his behalf.

 

I'm sure you'll get plenty of help.

 

HB x

Illegitimi non carborundum

 

 

 

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You are another victim of this evil regime missjean. As soon as they acknowledge your appeal they should pay you the assessment rate up until the tribunal.

 

It took 8 months to reach my tribunal and that is quick compared to most I think.

 

I think you will win your appeal with your health problems and I hope you can survive until then.

 

Good luck.

 

dj

Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.

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Hi there, sorry to hear you've joined the nil points club.

 

You are entitled to the assesment rate once you get your appeal (GL24) sent in, phone then and tell them your appealing, also phone anyother benefits you recieve and tell them too.

 

It's important you get that appeal form in ASAP, you only get 1 month so do it quickly, you only need to say you wish to appeal because of X, Y, Z, no need to into to much detail at this point.

 

Hope this helps and above all, don't let this rule your life, you've come to the right place and you can win!

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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  • 1 year later...

hello there i have intercranial hypertension to and am in the exact same situation as you. do you have any news yet on your appeal, i just sent mine of today, i was furious with th medical examiner as he wanted me to answer questions with a yes or no basis but as we know with what we have its not as simple as that. never met any on else with it, may i ask how yours come about? thanks rachel

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hi just wondered how you got on with your claim i also have what you have intercranial hypertension, i have never met anyone else withit. i am in the same situation as you and have just sent of my form, thanks

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