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8 years 10 months ago #136231 by TYBEE68
Assesment was created by TYBEE68
I completed an ESA 50 in August 2014 and have just had an assessment with Maximus.
My GP has provided medical certificates and the current one doesnt expire until 27th August.
If I am found to have limited capability for work and request a mandatory reconsideration, will my ESA be stopped until outcome is known

Thanks

Simon

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8 years 10 months ago #136242 by Gordon
Replied by Gordon on topic Assesment
BA

Welcome to the forum.

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If you are found Fit for Work then your ESA payments will stop from the date of the Decision, you will not be paid ESA if you request an MR but you can, if able, claim JSA with reduced Job Seeking terms,

If the MR does not revise the Decision and you make an appeal then once this has been accepted by the Tribunal Service you can request that your ESA be re-instated at the Assessment rate until you have a hearing.

If this were your second FfW Decision in a row then ESA is not payable until and unless you were to have the Decision revised in your favour, this includes during appeal.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: TYBEE68

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8 years 10 months ago #136304 by KABTT
Replied by KABTT on topic Assesment
Hi Gordon,

Do we have to request a MR when the decision to stop ESA is taken? I'm due to have a F2F assessment with Maximus next week, this is causing much distress, I've received an email from Maximus stating my WCA will be audio recorded but I'm still absolutely petrified.

I feel the DWP DM dealing with my case is already prejudiced against me having left two MR's ( I requested in Feb and March 2015) in a drawer for 4 weeks so I fear the worst and would like to appeal rather than waste time with this particular DM, The DM was so utterly rude on the phone when I enquired about the 2 missing MR's, this is where she ventured that she didn't have "the correct guidelines" to evaluate my MRs so had stuffed them in a drawer - is this allowed? I fear she hasn't followed "proper procedure" and would like to challenge her actions and stop her dealing with my case in any way, shape or form.

I've worked for the DWP, several years ago, and found some of the staff so absolutely discriminatory in their dealings with clients, for example there was a feeling that depression was "Invented" by unworthy "work shy" individuals and I couldn't share this perception of fellow human beings in difficulty, an unkind and cynical disregard for clients led me to seek work elsewhere. I did ok for a while until both of my parents became seriously ill in their 60s - I had to leave work to care for and to help them through very prolonged and nasty deaths.

I now find myself unwell and I'm currently chasing consultants for clarification of the chronic mental and physical conditions I now have. I can't sleep or eat . Of concern is the fact I'm losing weight by the week, I'm so worried an underlying condition has yet to be identified.

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8 years 10 months ago #136325 by Gordon
Replied by Gordon on topic Assesment
Hera

I'm afraid an appeal to the Tribunal Service must include an MR Notice, without one it will be rejected.

From your previous posts the MR's that were "drawered" were Adminstrative and it is not impossible that a DM who only deals with entitlement might not have the training to process them, this does not of course excuse them for not having sought assistance so that they might be processed within a reasonable timescale.

Gordon

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

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8 years 10 months ago #136704 by KABTT
Replied by KABTT on topic Assesment
Thank for shedding more light on the situation Gordon.

After my forthcoming WCA I will apply for another MR ( I can't envisage the HCP or DM will take on board NHS Consultants advice going by the Feb 2015 revised Handbook - I'm studying it at the moment). I'll keep all the PO recorded delivered documents for a subsequent appeal. If I can show, at appeal, that I haven't been treated fairly/impartially I hope things will work out, eventually, whilst I undergo hospital treatment this year.

This site gives much information (I've now subscribed) on how to handle an appeal so I intend to try and calm down over it. I fear the paperwork appeals generate will be totally time consuming, ironically stopping me (and others) from seeking work but I'll have to trudge on fighting officialdom rather than set up interviews with potential employers.

I've told 3 potential employers that I will be undergoing hospital treatment at intervals during the forthcoming year and they seemed ok with that - I'm applying for 2 part time jobs that are flexible enough for hospital treatment days but for the time being I've had to cancel an interview as the Maximus WCA then MR & Appeal will demand all my time, we simply don't have any savings or family to help out when the ESA stops and I don't want to get evicted so must concentrate on this process over everything. It is a huge waste of time and public money.

As soon as the DWP stop ESA I expect my district council to write to inform me HB and Council Tax help have been cancelled too and tell me I owe a lot of rent and council tax so the situation is further complicated by the information shared between LAs and the DWP on ATLAS.

If I'm correct in my assumptions, based on looking at your advice on the boards, my ESA will be stopped post WCA, then I will apply for JSA with reduced job seeking terms, I will then apply for yet another MR and then prepare for appeal. I am somewhat concerned that the next MR I send will be "drawered" again and this is causing the most anguish, I'm due to attend several hospital appts in the next month and hope the medical staff can help me challenge the relative inexperience of the Maximus HCP with regard to the chronic conditions I have. One condition can be cured but it's taking the Dr's time to get a trial drug approved, the 2nd painful chronic condition can be managed with treatment.

I feel so very anxious over this WCA, I'm not eating and sleeping well due to it - it's as if my entire world is due to collapse and few at the DWP care whether we live or die. It's as if a huge Eugenics programme is in operation, this notion is further underlined by IDS's late challenge to a request for the figures to be released in relation to with those dying shortly after or before a WCA. I've read the 2012 DWP info/release concerning deaths in relation to WCAs. The figures are very frightening, along with the continual bashing of the unemployed in the media. I don't have a TV! let alone a "wide screen" - I don't have a mobile phone let alone a iphone or have any designer clothes! I certainly don't go out to pubs and restaurants or have cosmetic surgery on ESA and I've never been on an aeroplane in my life! Perhaps I should have arranged a home visit for the WCA so that the HCP could see we have very little, no carpets even! But hey, we forge ahead.

Sorry to go on! Thanks once again for your time and advice.

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