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esa help
- Bernette
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7 years 9 months ago #162057 by Bernette
esa help was created by Bernette
hi, can someone give me advise please. I suffer from deep ongoing depression (5 years) and extreme anxiety (maybe 2 years) im on medication for the depression..I claimed ESA in January but failed the medical assessment in April and just heard that the mandatory reconsideration was refused also...
I am awaiting phsyio on my right shoulder and have had phsyio on my fingers due to pain especially in winter as well as pain in my right knee..I also suffer from lower back pain.I have had cognitive therapy and now applying for it again as they only do 5 sessions, my therapist suggest I do still need therapy.....I wish I had signed to this site before I done the questionarre as I now know I have answered everything incorrectly..I got 0 points on all questions...
I would like info such as if I appeal and state different answers to the questionaire will it be used against me? shall i appeal? or can I reapply for ESA?
I am now claiming JS and am finding it extremly hard to comply with their conditions..I asked about giving a fit note to them but they say that I can as long as its a fit note for an entirely different condition to what was on my ESA claim.
My doctor wrote saying it is unreasonable and nigh impossible for me to seek employment as im not well phsically or mentally and supports me but this didnt seem to matter...
where do I go from here? What is the right way to do this?
Thank you
I am awaiting phsyio on my right shoulder and have had phsyio on my fingers due to pain especially in winter as well as pain in my right knee..I also suffer from lower back pain.I have had cognitive therapy and now applying for it again as they only do 5 sessions, my therapist suggest I do still need therapy.....I wish I had signed to this site before I done the questionarre as I now know I have answered everything incorrectly..I got 0 points on all questions...
I would like info such as if I appeal and state different answers to the questionaire will it be used against me? shall i appeal? or can I reapply for ESA?
I am now claiming JS and am finding it extremly hard to comply with their conditions..I asked about giving a fit note to them but they say that I can as long as its a fit note for an entirely different condition to what was on my ESA claim.
My doctor wrote saying it is unreasonable and nigh impossible for me to seek employment as im not well phsically or mentally and supports me but this didnt seem to matter...
where do I go from here? What is the right way to do this?
Thank you
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- Gordon
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7 years 9 months ago #162074 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic esa help
Bernette
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
Dealing with your JSA first, what they have told you is wrong, you can submit a Fit Note for up to 13 weeks and be excused any Job Search requirements, etc. It does not matter if it is for the same conditions as your ESA claim, the two thinks are completely separate matters.
You can only make a new claim for ESA if you can show a new condition or a deterioration in your existing ones that would lead to your receiving an award, you will need your GP to support you in this by their writing to the DWP explaining the changes.
You can appeal the Decision, you don't say how long it is since your MR was completed, if it is more than one month then you will need to explain why your request for appeal is late.
Have a look at our ESA Appeal guide which has links to the SSCS1 form that you will need to complete and instructions on how to complete it. The guide also explains how the appeal process works and the ESA section has sample appeal submissions that you can use to prepare your case.
You will certainly have to explain why you are adding new content to your original ESA50, but this should not have a major impact on your appeal.
Have you requested a copy of the assessment report? If not give the DWP office that dealt with your ESA claim a call, the phone number will be on the letters that they sent you, ask for the ESA85.
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. I would go through your ESA50, the ESA85 and our Claim guides to see how you can explain how you meet the criteria for an award.
If you have more questions then please reply to this post and we will do our best to help.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
Dealing with your JSA first, what they have told you is wrong, you can submit a Fit Note for up to 13 weeks and be excused any Job Search requirements, etc. It does not matter if it is for the same conditions as your ESA claim, the two thinks are completely separate matters.
You can only make a new claim for ESA if you can show a new condition or a deterioration in your existing ones that would lead to your receiving an award, you will need your GP to support you in this by their writing to the DWP explaining the changes.
You can appeal the Decision, you don't say how long it is since your MR was completed, if it is more than one month then you will need to explain why your request for appeal is late.
Have a look at our ESA Appeal guide which has links to the SSCS1 form that you will need to complete and instructions on how to complete it. The guide also explains how the appeal process works and the ESA section has sample appeal submissions that you can use to prepare your case.
You will certainly have to explain why you are adding new content to your original ESA50, but this should not have a major impact on your appeal.
Have you requested a copy of the assessment report? If not give the DWP office that dealt with your ESA claim a call, the phone number will be on the letters that they sent you, ask for the ESA85.
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. I would go through your ESA50, the ESA85 and our Claim guides to see how you can explain how you meet the criteria for an award.
If you have more questions then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Bernette
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7 years 9 months ago #162276 by Bernette
Replied by Bernette on topic esa help
Thank you for your reply...I have looked through the site & documents..It all seems so scary to go through..really do wish I had joined in April, If I had then I probably wouldnt be in this mess..
I have 1 month from 22 june to appeal.
If I phone and ask for ESA85..will they also give me ESA50 as I dont seem to have a copy of that and never photocopied before posting..(belive this to be questionaire?)
I have just picked up my fit note from doctor..it has then same on it as in my ESA claim.if I present it at Job centre when signing and they say its no good as its the same..what do i say?
thank you
I have 1 month from 22 june to appeal.
If I phone and ask for ESA85..will they also give me ESA50 as I dont seem to have a copy of that and never photocopied before posting..(belive this to be questionaire?)
I have just picked up my fit note from doctor..it has then same on it as in my ESA claim.if I present it at Job centre when signing and they say its no good as its the same..what do i say?
thank you
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- slugsta
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7 years 9 months ago #162292 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic esa help
Hi Bernette,
I don't know whether DWP would send you a copy of your ESA50 as well as the ESA85, but you can certainly ask.
If you do decide to appeal, a copy of all DWP paperwork associated with this claim would be sent to you as part of the appeal 'bundle'.
It certainly is not the case that any fitnote you present has to be for new conditions. However, I'm afraid I can't suggest how you should respond if you are told this!
I don't know whether DWP would send you a copy of your ESA50 as well as the ESA85, but you can certainly ask.
If you do decide to appeal, a copy of all DWP paperwork associated with this claim would be sent to you as part of the appeal 'bundle'.
It certainly is not the case that any fitnote you present has to be for new conditions. However, I'm afraid I can't suggest how you should respond if you are told this!
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gordon
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7 years 9 months ago #162302 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic esa help
Bernette
A good question is to ask for a copy of the Regulations that they are using to deny use of the Fit Note.
Gordon
A good question is to ask for a copy of the Regulations that they are using to deny use of the Fit Note.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Derek4
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7 years 9 months ago #162313 by Derek4
Replied by Derek4 on topic esa help
It may be worth bearing in mind that if you get sanctioned while claiming JSA pending appeal, you should be paid ESA arrears minus JSA actually paid, so this should cancel out the sanction, though I'm not 100% certain of the rules.
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