can i get esa

lonegunmen wrote: hi,
what is the time to get any decision in most cases.
regards

Hi lgm,

It is hard to give a figure due to reasons that I have already explained.

Personally, I would be contacting them if I had not heard in 4-6 weeks.

bro58

update,
no points for anything, damn maximus are really great lol!!!!
time to appeal
regards

lonegunmen wrote: update,
no points for anything, damn maximus are really great lol!!!!
time to appeal
regards

Hi lgm,

Sorry to hear of the adverse fit for work decision !!

You now have one month from the date of the adverse ESA Decision Notice letter to make a written request for a Mandatory Reconsideration (MR) of the decision.

See : ESA MR/Appeals Guidance.

Mandatory Reconsiderations Explained

&

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

Sending Documents to the DWP, ATOS, Capita or Maximus.

As a separate issue, you can ring ESA :

THE ESA PHONE NUMBER DWP : 0345 608 8545 Press Option 3 for ESA. (Open 8AM-6PM. Mon-Fri.)

And request a copy of the ESA85 Medical Report that would have been compiled by The Maximus Assessor at your "medical".

We advise that you back up a verbal request with a written request.

You can do this by issuing a Subject Access Request (SAR) :

SAR Form Download

From this page :

DWP Data Protection Policy

Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.

Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your ESA.

Write DPA 1998 SAR in front, top, left corner of envelope.

Once received, they have 40 calendar days to comply.

Besides requesting The ESA85 by name, you could request All documentation used in coming to the adverse ESA decision.

As you will not be entitled to any ESA whilst the MR process is ongoing, if you need some income you will need to make a claim for JSA.

You should be able to do this with reduced conditionality to your JSA agreement to take account of your limitations.

If your MR is unsuccessful and you move on to the appeal stage, you can revert back to ESA Assessment Rate, once your appeal has been accepted by The Tribunal Service. (TS)

In the mean time you should obtain fresh fit notes from your G.P. to cover you from the date of the fit for work decision.

If you are to claim JSA, do not present them to JC Plus, keep them safe, and if the time comes when you have appealed and you want to revert back to ESA, present them at that time.

The same goes if you choose not to claim JSA, keep hold of the fit notes until your appeal is accepted by The TS.

If you present them under this scenario, you should be entitled to ESA Assessment Rate back dated since the date of the fit for work decision.

You obviously can not receive both ESA and JSA covering the same periods of time.

bro58

hi,
thanx for reply.
i got the decision saturday and sent letter back for MR sent recorded delivery same day. i will phone today at 8am for MR over telephone. because im on HB i have sent a no income declaration to the council for HB and CT to be paid. doctors today for fit note from 9/7.
regards

ps
the assessor said i walked normal into the room (lol) and stated i could walk 200 metres or more

hi,
update- 8 weeks fit note received, no fuss from doctor
regards

hello
update- mandatory reconsideration turned down, off to the appeal I go
regards

I get knocked down but I get up again, you never gonna keep me down

Regards