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ESA appeal failed - advice please


Rich_Day10
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Hi all.I am the rep for a friend of mine who has just lost her ESA appeal yesterday.

 

She did not do herself justice in her application and subsequent WCA and scored 0 points. The appeal was not successful as they only scored her 12 points based on my submission.

 

She suffered from a brain tumour in the late 80's and had part of her brain removed which has resulted in various mental problems. She has emotional lability, memory problems and a tremor amongst others.

 

She received IB topped up with IS for many years until having to claim ESA. She completed the form without considering the implications and was having a good day, so did not ask for any help. Anyway, it went to the appeal tribunal and the doctor was very harsh (imo) and made the decision to only award 12 points as she doesn't have a diagnosis of anything and kept saying that as it was not on the application form, they can't consider it.

 

The WCA decision was made in July 2013, so she can now apply for ESA again and will. All the stress and trauma has unfortunately now worsened her health and caused an element of depression and anxiety. I think she had these before, but the symptoms are much more prominent now.

 

I have advised her to go to the doctors with a family member and get treatment and a diagnosis of depression/anxiety with a new sick note which she can use in her new ESA application (she had an open ended sick note before, based on severe headaches and memory problems).

 

I'm sure I read somewhere that a person who received IS on the grounds of incapacity would only have to score 10 points in the WCA to qualify for ESA. Is that correct or am I making it up?!I am confident that she will be awarded ESA at the second attempt but just annoyed that she was overlooked for the backdated period.

 

Any help would be appreciated, many thanks.

Edited by honeybee13
Paras.
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I'm sure I read somewhere that a person who received IS on the grounds of incapacity would only have to score 10 points in the WCA to qualify for ESA. Is that correct or am I making it up?!

 

It's incorrect I'm afraid. It's 15 points for everyone.

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