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ESA Full time student on DLA and sicknotes
- Jackie Vallerius
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9 years 10 months ago #123258 by Jackie Vallerius
ESA Full time student on DLA and sicknotes was created by Jackie Vallerius
I wonder if anyone could help me move on a stalemate situation with my daughter's ESA claim please? She is a full-time uni student who gets mid-rate care and low rate mobility DLA and was told she could claim ESA. She has ME/CFS and non-epileptic seizures. DWP have accepted her claim but insist on a sick-note from her GP. Her GP states he cannot provide a sick-note as she has no job to be signed off from - stalemate! She attends uni by means of adjustments provided by her Disabled Students Allowance and accumulates enough ESA points to be classed as being unfit for work. Can anyone with experience of this please advise me how I can get this matter resolved please as it is causing her a great deal of stress (especially as her DLA to PIP claim is going on at the same time!). Many many thanks. Jackie
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- Gordon
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9 years 10 months ago #123260 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Full time student on DLA and sicknotes
JV
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
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Your daughter is getting caught by an oddity of the law, however, the only thing in the short term that can unstick it is her GP.
She automatically qualifies for ESA as a result of her DLA award and should be considered as having Limited Capability for Work which qualifies her for the WRAG, although she will still need to be assessed to see whether she qualifies for the Support Group.
However, the ESA Payment System requires a Fit Not to be registered for it to process payments and without one, it is unlikely that any will be made until a Decision on her claim is made, the problem here is that there are considerable delays in the system at the moment and we are regularly hearing of claimants waiting 12 months or more for an assessment to be done.
I recommend that she sees her GP again, they do not need to sign her as being unable to do any work, it will be acceptable if they place limitations on the hours that she works or the type of work that she can do, also the first two Fit Notes cannot be for more than 3 months.
The only other thing I can suggest is to involve her MP to push the DWP to make an award of LCW, which they can do without an assessment, simply applying the legislation as it is, the help of a trained Welfare Advisor may also help, do an internet search for "welfare advice" with your postcode, town, or county.
Contacting your MP
If you have any questions, 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
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
Your daughter is getting caught by an oddity of the law, however, the only thing in the short term that can unstick it is her GP.
She automatically qualifies for ESA as a result of her DLA award and should be considered as having Limited Capability for Work which qualifies her for the WRAG, although she will still need to be assessed to see whether she qualifies for the Support Group.
However, the ESA Payment System requires a Fit Not to be registered for it to process payments and without one, it is unlikely that any will be made until a Decision on her claim is made, the problem here is that there are considerable delays in the system at the moment and we are regularly hearing of claimants waiting 12 months or more for an assessment to be done.
I recommend that she sees her GP again, they do not need to sign her as being unable to do any work, it will be acceptable if they place limitations on the hours that she works or the type of work that she can do, also the first two Fit Notes cannot be for more than 3 months.
The only other thing I can suggest is to involve her MP to push the DWP to make an award of LCW, which they can do without an assessment, simply applying the legislation as it is, the help of a trained Welfare Advisor may also help, do an internet search for "welfare advice" with your postcode, town, or county.
Contacting your MP
If you have any questions, 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
The following user(s) said Thank You: Jackie Vallerius
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