- Posts: 2
× Members
ESA
- djnc
- Topic Author
- Offline
Less More
7 years 9 months ago #162322 by djnc
ESA was created by djnc
I got a phone call from W&P saying the medical examination i went to i only scored 9 points and need 15 points.my ESA payment has been stopped.
since my accident 16 years ago i was getting incapacity benefit then changed to ESA which i have been in the support group ever since.
The W&P advisor said i can sign on for JSA until the appeal process,which has got me confused as i can't work at all.Ive been to see my GP and he has given me a sick note for 3 months and on Monday I'm going to the job centre to sign on.
Will this not effect my claim for ESA because by doing that I'm saying I'm fit for work which I'm not I'm so confused and upset
Any help would be appreciated
David
since my accident 16 years ago i was getting incapacity benefit then changed to ESA which i have been in the support group ever since.
The W&P advisor said i can sign on for JSA until the appeal process,which has got me confused as i can't work at all.Ive been to see my GP and he has given me a sick note for 3 months and on Monday I'm going to the job centre to sign on.
Will this not effect my claim for ESA because by doing that I'm saying I'm fit for work which I'm not I'm so confused and upset
Any help would be appreciated
David
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51070
7 years 9 months ago - 7 years 9 months ago #162323 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA
djnc
Sorry to hear that your reassessment was unsuccessful.
Signing on for JSA will not impact on you challenging the ESA Decision.
If you intend to present a Fit Note then you must wait until your JSA claim is accepted otherwise the DWP will reject the claim.
The first stage to challenging a Decision 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 MR & Appeal guide for details of the process, the ESA area also has 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, asked for the 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 by replying to this post and we will do our best to help.
Gordon
Sorry to hear that your reassessment was unsuccessful.
Signing on for JSA will not impact on you challenging the ESA Decision.
If you intend to present a Fit Note then you must wait until your JSA claim is accepted otherwise the DWP will reject the claim.
The first stage to challenging a Decision 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 MR & Appeal guide for details of the process, the ESA area also has 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, asked for the 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 by replying 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
Last edit: 7 years 9 months ago by Gordon.
The following user(s) said Thank You: djnc
Please Log in or Create an account to join the conversation.
- Derek4
- Offline
Less More
- Posts: 2521
7 years 9 months ago #162328 by Derek4
Replied by Derek4 on topic ESA
Hi David,
If it's any encouragement, many claimants have scored zero points but still go on to win their appeal, so nine points is a good starting point.
If you don't already have a copy it's worth obtaining your previous ESA85 so you know exactly why you were placed in the support group. This is particularly important if you feel your condition has not significantly changed since your last assessment.
As Gordon said, claiming JSA will have no bearing on your ESA appeal. I understand that many people feel uncomfortable declaring that they are fit for work when they know they are not. But you need to make a distinction between the DWP's official meaning of fit for work (failed WCA), and what it really means!
Best of luck,
Derek
If it's any encouragement, many claimants have scored zero points but still go on to win their appeal, so nine points is a good starting point.
If you don't already have a copy it's worth obtaining your previous ESA85 so you know exactly why you were placed in the support group. This is particularly important if you feel your condition has not significantly changed since your last assessment.
As Gordon said, claiming JSA will have no bearing on your ESA appeal. I understand that many people feel uncomfortable declaring that they are fit for work when they know they are not. But you need to make a distinction between the DWP's official meaning of fit for work (failed WCA), and what it really means!
Best of luck,
Derek
The following user(s) said Thank You: djnc
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris