× Members

Supportive + GP's letter after MR request sent .

More
7 years 11 months ago #157481 by Roidininki
WCA ftf last week ,only three working days later a phone call from DM to say ESA and in Support Group for three years has been stopped, 0 points scored , please apply for JSA and attend JC this week, tomorrow in fact. No way is this person fit to seek work .
I thought so long as a condition exists ESA went on indefinitely . Am I wrong ?

Please Log in or Create an account to join the conversation.

More
7 years 11 months ago - 7 years 11 months ago #157495 by Gordon

Roidininki wrote: WCA ftf last week ,only three working days later a phone call from DM to say ESA and in Support Group for three years has been stopped, 0 points scored , please apply for JSA and attend JC this week, tomorrow in fact. No way is this person fit to seek work .
I thought so long as a condition exists ESA went on indefinitely . Am I wrong ?


ESA is an indefinite award with regular reassessment, each assessment makes a new Decision on the claim which can leave the claim as it is, reduce or increase it, or as has happened here, remove it.

Having an unchanged condition should result in the same award, but this assumes that the Descriptors and Regulations have not changed since you were last assessed, that you have shown that are still affected to the same degree and whether your evidence is consistent with this.

If you want to challenge the Decision then the first stage is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA Appeal guide for details of the process and template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/esa1

You should contact the DWP for a copy of the assessment report (ESA85) if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 11 months ago by Gordon.
The following user(s) said Thank You: Roidininki

Please Log in or Create an account to join the conversation.

More
7 years 11 months ago #157533 by Roidininki
Replied by Roidininki on topic Supportive + GP's letter after MR request sent .
Many thanks for fast response.
Attended JC today but in all honesty could not commit to requirements to put a claim in for JSA due to how the illness affects .
Was told last ESA payment was Sunday . No income now.
Which will stop my HB and CT awards ?

. Havn't got decision letter yet from DWP with WCA assessment decision .

Please Log in or Create an account to join the conversation.

More
7 years 11 months ago #157554 by Gordon

Roidininki wrote: Many thanks for fast response.
Attended JC today but in all honesty could not commit to requirements to put a claim in for JSA due to how the illness affects .
Was told last ESA payment was Sunday . No income now.
Which will stop my HB and CT awards ?

. Havn't got decision letter yet from DWP with WCA assessment decision .


You can make a nil income claim for HB.

If your GP is prepared to issue a Fit Note, you can make a claim for JSA and then present the Fit Note, you must not do this when making the claim and you should be excused any Job Search requirement for up to 13 weeks providing it is covered by Fit Notes.

This should be sufficient time for an MR to be processed, at the end the Decision will either be revised in your favour or you can go onto appeal and claim the ESA Assessment rate while you wait for a hearing.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

More
7 years 11 months ago #157569 by Roidininki
Replied by Roidininki on topic Supportive + GP's letter after MR request sent .
Thankyou again Gordon .

Please Log in or Create an account to join the conversation.

More
7 years 10 months ago #157669 by Roidininki
Replied by Roidininki on topic Supportive + GP's letter after MR request sent .
Received letter from WCA assessor today . She has given O points, has written to say
can go to the swimming pool ,
yes true , but not to mix socially went in winter because bathroom has no heating and wanted to shower
said can go to a café for something to eat
yes is true ,have never said cannot go out .
What kind of a life do they expect people to have ?

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.