Making an ESA appeal.

For many people the thought of going to appeal is quite scary, and it is a quite emotional experience. The emotional side of things really kicks in when you are in the process of going to appeal. Firstly you are aware and afraid that by appealing you could actually lose benefit. However it is my contention that going to appeal should always be considered. Look at it this way. Imagine you are going to court and you are preparing your defence when you are first filling out your ESA or PIP/DLA claim form. Present your claim as a case would be presented in court. Gather the evidence about your illness, the medical evidence and the social evidence. By social evidence I mean things like statements from people who know you, letters about appointments etc. By medical evidence I mean a photocopied prescription of your medication, back up from social workers or occupational therapists that treat you. If you think it will help put it in there. When filling out your form, make sure you are clear in what you write, and do not assume the reader of your form knows anything about you, even from previous claims. This is not always the case. Send off your form and wait for their decision.

If their decision in your view is wrong then you can challenge it. This now has to be done through mandatory reconsideration, before appeal can take place. During this mandatory re consideration you may get a phone call from the assessor if he or she feels that something in your claim is not clear. Explain what they need to know. Before I would have recommended going straight to appeal as they must look at your claim again before appeal anyhow. Some are saying that the department has its own preference on this and that they try to do the mandatory re assessment in around ten days. Don't hold your breath, theres no time limit and it will take as long as it takes.If you find yourself having to submit extra evidence about your illness this will hold things up. Once the decision about your mandatory re consideration comes back then you must decide if you are satisfied or if you would like to appeal their decision.

You will receive letters about your appeal, and a bundle of stuff that they keep about you after you have notified them that you want to appeal their decision. As for the appeal process its self, its not as intimidating as you may think. I know of many people who once they decide to appeal and have received their 'bundle' simply put the bundle into the drawer and wait on their appeal date. But like going to court there are some preparations you need to make. Dress appropriately and be ready to tell about your illness. I wouldn't recommend going for a paper hearing, the success rate is not great, its much more of a successful outcome if you go along there and state your case. Bring someone with you if you are uncertain of going alone, or need help when out and about.

This video shows the process perfectly, I recommend watching it to see what actually happens.

ESA appeals process.
 (video)