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my esa has been dissallowed

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8 years 10 months ago - 8 years 10 months ago #136843 by Dlettice
my esa has been dissallowed was created by Dlettice
I have severe ptsd and i get high care and low mobility, i went to a medical with a male doctor, froze, gave one word answers as i wanted out asap and he's put me on jobseekers, can't leave my son as he's had several suicide attempts so stupidly asked for a medical to see if i could get put in the support group as they kept sanctioning me leaving me £10 a week to live on and it was taking over our lives, we weren't eating, threatened with eviction, power getting cut off etc, now I'm beside myself, what now? i can't go on jobseekers, i'm bad with agoraphobia and I either lose myself for hours on end having flashbacks or I just cant bring myself to go over the door, they're gonna sanction me right left and centre, Mandatory reconsideration got denied also, every reason they put down was made up, saying I'd willingly travel 75 minutes to a jobcentre when the reason I asked for a medical was because I couldn't travel to meetings? devastated isnt the word, I'm now appealing and I'm getting my soon to drag me to the doctors as I haven't been able to get there for months due to agrophobia, I've missed lots of appointments, what can I ask for from him in regards a letter for my appeal?
anyone got any tips?
Last edit: 8 years 10 months ago by slugsta.

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8 years 10 months ago - 8 years 10 months ago #136852 by slugsta
Replied by slugsta on topic my esa has been dissallowed
Hi Donna,

Welcome to the forum. On the assumption that you are also new to the site, this link will help you find your way around.

Welcome to Benefits and Work


I am so sorry that you are in this situation :(

It seems as if you have been ill advised. Whilst it is true that the only way to get any money during the MR (Mandatory Reconsideration) is to claim JSA, you were able to reclaim ESA once the Tribunal Service accepted your appeal! You should still be able to do this now, which will prevent further JSA sanctions. You must submit 'fit notes' (sick notes) to DWP to cover the dates for which you are claiming.

Your MP might be interested to hear how the system has worked, or not worked, for you.

Contacting your MP

Do you have a date for your appeal yet? Have you submitted anything extra to the Tribunal Service?

Have a good look at our ESA and appeal resources and then come back and reply to this message when you have further questions, we will do our best to help you. You will find it easily in future if you bookmark/favourite it on your web browser now

ESA claims and appeals

Appeals FAQs

All these FAQs, and more, can also be accessed from the 'spotlights' section at the top of this page.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 10 months ago by slugsta. Reason: added info
The following user(s) said Thank You: Dlettice

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8 years 10 months ago #136899 by JenJJ
Replied by JenJJ on topic my esa has been dissallowed
Hi Donna, I am in the same situation as you. Delcared fit for work and told to claim Job Seekers but I can't claim job seekers because I can't agree to their committment to do all the job seeking stuff as I am too ill. It's crazy!

The important thing is that you lodge your appeal in within 1 month of your Mandatory Reconsideration notice. You can follow up with more information later but don't miss the 1 month deadline.


To get into the support group you must qualify against a support group descriptor. They are listed here
www.benefitsandwork.co.uk/employment-and...rt-group-descriptors

My guess is that number 13 is the one most likely to describe your situation, although one of the others may do too. Look at the wording of them very carefully. They are very specific and the tribunal has to judge you against them to decide if you qualify for the support group or not.

13. Coping with social engagement due to cognitive impairment or mental disorder.
Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the individual.


I have bolded the words here that I think are crucial. You would have to demonstrate that your engagement in social contact is "always precluded"

If that is not the case and none of the other support group descriptors apply then you can as an alternative appeal using Regulation 35 (2) to get into the support group.

www.legislation.gov.uk/uksi/2008/794/regulation/35/made

Which says that you need to show that you have a disease or mental disablement and it would pose a risk to your mental and physical health if you were found capable of a work-related activity.


You can still go through all the other descriptors and demonstrate where you qualify for points (you should see these listed with your points score in your decision letter) but points will just get you into the WRAG group, to get into the support group you must qualify for either a support group descriptor or Reg 35 (2)


Good luck
The following user(s) said Thank You: Dlettice

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8 years 10 months ago #136913 by Dlettice
Replied by Dlettice on topic my esa has been dissallowed
I've went to the doctor who's not able to diagnose me with agoraphobia (which is one of the reasons I don't go to the doctor regularly, its like going to a psychiatrist with a broken leg) but he'd refereed me to the psych team, I've found ESA apart from the ladies that work there to be unhelpful, the only genuine help I've had is from women, putting me in touch with help for food etc from the welfare assistance team. although some of the men there have went out there way but it was usually a case of them saying they hadn't had a form back to say I'd re-complied when the person I'd spoke to beforehand had told me the name of my work provider Councillor as they'd had spoken to them and had faxed the form to them, my last phone bill was £120 with constantly having to ring them because 90 per cent of the people who work there aren't helpful or sympathetic and pass you from pillar to post

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8 years 10 months ago #136914 by Dlettice
Replied by Dlettice on topic my esa has been dissallowed
I'm in the middle of wring out my appeal letter and I'll forward any correspondence from the psych team as I get it, I've been through all this before with DLA so I know what to expect, having to fight for everything is a nightmare, I'll just get this over and done with then I'll have to fight for my DLA!

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