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Failed esa assessment with 6 points

  • R R
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8 years 7 months ago - 8 years 7 months ago #140287 by R R
I've been ill for over a year, (long story short..) I've had abdominal pain on the right side and dizziness along with diarrhea, constipation, anxiety and more since June 2014.

Ive been through CT scan, mri, endoscopy, colonoscopy, bronchoscopy, ultrasound and other diagnosing tests everything which came back negative, my GP believes it's anxiety, my gastroenterologist believes it's functional bowel disorder, my private gastroenterologist believes it's a combination of both and more and wants me to have further tests...

Anyway I had my esa assessment a few weeks back and just got the phone call yesterday that I've failed.

I'm not too sure where to go from here or what to do, I'm stuck between stressing about sorting out my benefits and trying to get to the bottom of my illness.

I've subscribed to this site as it was recommended by my sister... Where can I go from here?
Last edit: 8 years 7 months ago by slugsta.

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8 years 7 months ago #140300 by slugsta
Replied by slugsta on topic Failed esa assessment with 6 points
Hi R R and welcome to Benefits and Work. This link will help you find your way around the site.

Welcome to Benefits and Work

I'm sorry you are going through this.

Having 'failed' your ESA assessment your only real option is to request a 'Mandatory Reconsideration' and then proceed to appeal if this goes against you.

ESA mandatory reconsiderations and appeals

You don't need to include a lot of information with your request for MR but you do want to give yourself the best chance of this being successful. Have a look at our ESA guides and decide where and how you think you should have scored points. Then provide evidence, or point to the evidence you have already provided, to back this up.

ESA claims and appeals

You cannot be paid ESA now until after the MR stage - either by being awarded ESA or moving on to official appeal. If you need money your only option is to claim JSA. They should take into account your limitations. You should obtain a 'Fit note' from the day after the claim finished continuing right through to the time you are awarded ESA. Don't give this to the JobCentre if you claim JSA as it would prevent you from claiming! You will need this when you come to reclaim ESA.

It will be helpful for you to request the paperwork associated from your claim from DWP. This link explains this.

When you get this paperwork you will have a better idea of where/how your claim failed and we can offer more advice. Please reply to this message when you have further questions and we will do our best to help. If you bookmark/favourite this thread on your web browser now, you will find it easily in the future :)

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

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  • R R
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8 years 7 months ago #140304 by R R
Replied by R R on topic Failed esa assessment with 6 points
Thanks for the reply I am still waiting for the letter stating why I failed.

To add...

I think I'm in a bit of a tricky situation unlike most others claiming/trying to claim, in that I have no real diagnosis, all my fit notes contain something like "abdominal pain and dizziness, pending further investigation"

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8 years 7 months ago #140307 by Gordon
Replied by Gordon on topic Failed esa assessment with 6 points

R R wrote: Thanks for the reply I am still waiting for the letter stating why I failed.

To add...

I think I'm in a bit of a tricky situation unlike most others claiming/trying to claim, in that I have no real diagnosis, all my fit notes contain something like "abdominal pain and dizziness, pending further investigation"


Whilst a confirmed diagnosis will undoubtedly assist your claim, Decisions are primarily based on the effects of your conditions, so a diagnosis is not mandatory providing you have evidence detailing what those effects are.

Gordon

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

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  • R R
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8 years 7 months ago #140315 by R R
Replied by R R on topic Failed esa assessment with 6 points
Sorry I also forgot to add...

My fit note ran out on the 2nd of August, I only managed to get a doctor's appointment for the upcoming Friday, they closed my claim from the 2nd. Is it possible to claim jsa from the 2nd of August? I don't even mind not getting paid it's the housing benefits I'm worried about. 

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8 years 7 months ago #140327 by Gordon
Replied by Gordon on topic Failed esa assessment with 6 points

R R wrote: Sorry I also forgot to add...

My fit note ran out on the 2nd of August, I only managed to get a doctor's appointment for the upcoming Friday, they closed my claim from the 2nd. Is it possible to claim jsa from the 2nd of August? I don't even mind not getting paid it's the housing benefits I'm worried about. 


In principle you can backdate a JSA claim by up to three months, however, in practice the DWP are unlikely to accept your reasons for a late claim and it will only be paid from the date that the claim is made.

If you go onto to appeal the Decision, when the ESA Assessment rate is paid, or an award is made then back payments will be from the day after the Fit for Work Decision was made minus any monies you have received in the interim.

You should be able to make a zero income claim for Housing Benefit, if required, for the missing period.

Gordon

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

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