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Thread: Esa appeal

  1. #1
    Junior Member
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    Jan 2013
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    Esa appeal

    Hi

    We are in a bit of a predicament and to try to explain briefly.

    My Mom has mental health problems and at first her ESA was refused on Atos medical, she appealed to first tier and although refused still any points she got allowed into the WRAG on exceptional circumstances, but this is still not sufficient as her condition is worsening. She has recently been allocated an advocate but because of the month's time limit for lodging an appeal runs out on Thursday she needs to make an urgent decision. her situation is extremely complicated due to past healthcare issues. Could you advise as no preparation or advice on how to proceed has beenestablished. Asking for an extension to the month time limit how should it be addressed and reasons for delay. I understand they can refuse so worried about the consequences of getting it wrong

  2. #2
    Junior Member
    Join Date
    Jan 2013
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    You say her condition is worsening, this (potentially) poses a problem for any further appeal. The appeal tribunals job is to make an independant decision based on the date of decision appealed against, as such if someone makes a claim on mental health grounds and is refused ESA on 1st January 2012, and then on the 1st of March loses both arms and legs in an accident, the appeal tribunal on say the 1st of April would not be able to award any points for mobilising as these problems came in after the date of decision.

    Your mothers case is not as extreme as the example above but it does sound like you are suggesting there has been a worsening of her condition since the date of decision which a tribunal would not be able to consider.

    She may wish to put in a fresh claim with the intention of being placed in Schedule 3 and being found unfit for work and work related activity but be prepared to fail a medical again and go through the appeals process again.

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