kia v atos and dwp

[kia]

Just wondered if someone could give me some advice, I like many thousands of others have been placed in a work based group despite telling the the woman i had a hip replacement op looming amongst a whole load of other bone problems and well bottom line was she just wasn't listening she had her script to work too and that was that and i wanting to appeal this even though am not sure if its too late and how do i do this from what Ive been reading my first port of call is my gp and get him to fill in the form Ive printed off the site about regulations 29 and 35 of the ESA act any help will be most appreciated as im a little out of my depth here xxxkia

[honeybee13]

Hello there.

 

Have you been notified that you won't receive ESA please? If you were, when did you get the letter?

 

My best, HB

[kia]

im still getting money but was informed by letter that i had been made an app for a work based interview on 30th January which i went to and this was where they informed me i would have to attend these work based workshops and if i didn't my money would be stopped can i still appeal there decision to put me in this wrag group thingy cos am confused as to whether this is time limited xxkia

[honeybee13]

Thank you. So you think you should be in the Support Group?

 

Could you tell us please how many workshops they're expecting you to attend?

 

I think your thread would be better in the DWP forum rather than the Atos one, so I'll move it. I'll leave a short term redirect here.

 

HB

[Nystagmite]

You have a month to appeal their decision. In some cases, you can appeal up to 13 months.

[kia]

Thank u honey bee yes i think i should be in the support group and she didn't say how many she was very evasive in how many i would have to attend cos as i explained to her ive got a looming hip replacement amongst other things. She said i would have to go to first one and then after that would maybe not need to go to anymore due to my operation but she seemed very unsure of this and its how to get to these workshops as there not local to me it will involve taxis xxxkia

[kia]

You have a month to appeal their decision. In some cases, you can appeal up to 13 months.

thank u for this now do i go to my docs with that paperwork cos the more im reading the more confused im getting xxkia

[Nystagmite]

thank u for this now do i go to my docs with that paperwork cos the more im reading the more confused im getting xxkia

 

I would yes. But what I would also do, is write to DWP (their address is on any letter you've received about your ESA) and explain that you're appealing and more information will follow. I would then make a GP appointment and gather as much information as possible.

[kia]

I would yes. But what I would also do, is write to DWP (their address is on any letter you've received about your ESA) and explain that you're appealing and more information will follow. I would then make a GP appointment and gather as much information as possible.

thank u will do that they have been phoning to try and make an app with me the ingueus ppl wo whatever there called do i still go or tell them im appealing it on the phone xxxxkia

[estellyn]

On what descriptor do you think you should be in the support group?

[kia]

what descriptor ? sounds like a science fiction movie:wink: i should be in the support because Ive been placed in a work based group and to make me work would make my condition much worse and under their own rules its either 29 or 35 of ESA rules u shouldn't make someones condition worse by forcing them back into work and as seem to be fracturing constantly atm and have two hip replacements and knee replacements think working would be bad idea hope this answers your question xxxkia

[Nystagmite]

Have you supplied evidence which states that a return to work will make your health worse? The criteria for the support is here

[antone]

what descriptor ? sounds like a science fiction movie:wink: i should be in the support because Ive been placed in a work based group and to make me work would make my condition much worse and under their own rules its either 29 or 35 of ESA rules u shouldn't make someones condition worse by forcing them back into work and as seem to be fracturing constantly atm and have two hip replacements and knee replacements think working would be bad idea hope this answers your question xxxkia

 

Reg 29 won't help you here, as you've already been determined to have limited capability for work. Reg 35 might apply, as it relates to limited capability for work related activity (LCWRA). You need to be found to have LCWRA to be placed in the Support Group, and you can show this by satisfying one of the descriptors mentioned by Estellyn and linked to in Nystagmite's post above, or by showing that Reg 35 applies to you.

 

I'd start with the descriptors before trying to make a case on Reg 35.

[kia]

will sort out the paper work for the appeal tomorrow having printer issues and cant print up that paper work to get my docs to fill in got docs app to get supportive evidence that a return to work would be bad for my health im gonna write and say im appealing their decision and can i be given some more time as my docs on holiday this week xxxkia

[kia]

im finding alot of the information very confusing now more i read the more its making me head spin anyhow ive written the letter saying im appealing it and to give me more time as docs away on holiday one can only hope they will do xxxkia

[antone]

im finding alot of the information very confusing now more i read the more its making me head spin anyhow ive written the letter saying im appealing it and to give me more time as docs away on holiday one can only hope they will do xxxkia

 

You can submit more information to the tribunal at a later date - the important thing is to get your appeal in before the deadline.

[Nystagmite]

You can submit information up to 7 days before the appeal if it gets that far.

[estellyn]

im finding alot of the information very confusing now more i read the more its making me head spin anyhow ive written the letter saying im appealing it and to give me more time as docs away on holiday one can only hope they will do xxxkia

 

What are you finding confusing? Maybe we can help?

[kia]

im finding it all confusing but am gonna send in my letter got a funny feeling im after the date u can appeal so i may not get anywhere with this but gonna try anyhow think the way to do this is small steps xxxkia

[antone]

im finding it all confusing but am gonna send in my letter got a funny feeling im after the date u can appeal so i may not get anywhere with this but gonna try anyhow think the way to do this is small steps xxxkia

 

You have one calendar month from the date of the decision you wish to appeal. It's possible to appeal late, but you would need to include a statement explaining your reasons for not appealing within the usual timeframe. The absolute deadline is 13 months after the decision.

[kia]

ah ok well its prob not that long after the date think the first letter saying id been put on esa was dated the 19th dec so i could say it was right on top of Christmas and it got forgotten about any hows Ive sent off letter will have to wait and see.Got any question ive got this work based thing group meeting next week what i need to know is where i stand with if they try and make me do courses or volunteer work stuff Ive been reading on here says i should turn it all down but i need to know can i do this as neither one of these am i gonna be able to do as sitting or standing for any length of time is impossible but its really worrying me that and forcing me to do interviews i just need to know how to handle this as its stressing me out Christ alone knows how i will feel next week its on wed btw the app xxxkia

[Nystagmite]

They can't force you to do something you can't do.

[kia]

my partner said that too but am really stressing about it and reading as much info as my brain can take in xxxkia