Esa appeal

Hi I have received my mandatory reconsideration and they have still said I am
Not entitled to esa even thou I sent in all medical evidence they told me to claim job seekers which in tried today but they say I am not entitled to it because I am not fully fit for work. I am going to appeal my decision for esa. Can anyone offer me any advice? Thank you in advance

hi jane 235
I am in the same predicament as you.I am suffering with bursitis in both shoulders and wrists,also synovitis in wrists for the last two years.I failed medical with dwp,didnt score any points.when I recieved reasons why I didnt get any points,some of my answers were missing or incomplete,I know I should have scored at least 30 points.I have a tribunal hearing on monday 7th december,any advice from other members would be much appreciated and I will let you know what happens after my appeal.

Jane 235 wrote: Hi I have received my mandatory reconsideration and they have still said I am
Not entitled to esa even thou I sent in all medical evidence they told me to claim job seekers which in tried today but they say I am not entitled to it because I am not fully fit for work. I am going to appeal my decision for esa. Can anyone offer me any advice? Thank you in advance

Hi J235,

Sorry to hear that your MR was not successful !

Now that you have gone through the MR process, you do not have to claim JSA, if you wish to move forward to an Appeal with The Tribunal Service. (TS)

You need to appeal to The TS directly using : SSCS 1 Form (Download Link) and your MR Notice letter. (keep a copy)

You have to do this within one month of the date of your MR Notice letter.

The process is covered from Page 12 of our "Employment and Support Allowance mandatory reconsiderations and appeals.

40 page guide to mandatory reconsiderations and appeals for ESA, for decisions made on or after 28 October 2013" on This Page. .

See also : Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

&

MOJ Video of “mock” ESA Appeals Process and Tribunal

Once the TS have accepted your appeal, which shouldn't take long, you should obtain fit notes from your G.P. (if you haven't already done so) and present them to DWP ESA informing them that you have lodged an appeal, which has been accepted and you therefore now wish to revert back to ESA at The Assessment Rate.

If you have, or can obtain a fit note to cover you from the date of the original fit for work decision, you should be entitled to arrears of ESA back dated to the date of the fit for work decision, as long as you have not been receiving JSA in the interim.

If you can only obtain a current fit note you should be entitled to ESA from the start date of your current fit note.

Once initiated, payment of ESA will continue until the date of your appeal hearing.

If you don't wish to appeal your only other alternative is to claim JSA, if you do so, there may well be restrictions on you ever being paid ESA again unless you can show that you suffer from different medical conditions or there has been a significant worsening of your existing condition.

Please note, you cannot claim JSA whilst also presenting a fit note at the same time !!

This Post may help with your understanding of this issue.

I hope that helps !

bro58

Thanks for your reply. In the section on the for grounds for appeal what information do I out in there

Jane 235 wrote: Thanks for your reply. In the section on the for grounds for appeal what information do I out in there

Hi J235,

You need to read through the guides that I posted links for, but initially you have to state that you do not agree with the original fit for work decision, nor do you agree with the subsequent MR of that decision, and you would therefore like to appeal the decisions.

This is protect your right to appeal and initiate the process.

You can provide evidence that you have already sent to DWP, but you can safely submit fresh evidence to The TS right up until 7-10 days before the hearing.

Your task is to persuade the TS that at the time of the original fit for work decision you should have qualified for The WRAG, and/or The Support Group.

The TS will not take into account any change or deterioration in your condition since that time.

See :

Qualifying for the WRAG

Qualifying for the Support Group

&

ESA Claims Guides

bro58

hi jane - you must be very disappointed with the MR result, but carry on - use the information and advice suggested here and at least you will know that you are doing as much as you can to get the result you want

it will be draining and feel like a hard slog but it will help you feel more in control of what is happening