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ESA Stopped have the decision makers letter

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8 years 5 months ago #145973 by Mind
ESA sto was created by Mind
I recved phonecalls from DWP which i didnt answer and now i have been told my ESA is being stopped that Maximus Nurse made the decision and that I have to sign on at job centre what do I do?

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8 years 5 months ago - 8 years 5 months ago #145988 by Gordon
Replied by Gordon on topic ESA sto

Mind wrote: I recved phonecalls from DWP which i didnt answer and now i have been told my ESA is being stopped that Maximus Nurse made the decision and that I have to sign on at job centre what do I do?


You can appeal the Decision but it will take some time

The first stage is to request a Mandatory Reconsideration, the ESA MR & Appeal guide explains how to do this and their are template letters in the Members Only area.

You don't have to claim JSA but you will receive no money while the MR is done, so if this is a problem you should claim JSA and you should be able to negotiate a minimal Job Search agreement. If the MR does not overturn the Decision then you can appeal, once this is accepted you can then receive the ESA Assessment rate, providing that this is your first Fit for Work Decision.

You should request a copy of the Assessment report by phoning or writing to the DWP, it's an ESA85 if you had a face to face and an ESA85A if you did not.

Once you have a better idea of why you failed, come back to the forum and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 5 months ago by Gordon.
The following user(s) said Thank You: Mind

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  • foss27
8 years 5 months ago #146064 by foss27
Replied by foss27 on topic ESA sto
Have you received written notification?

A Maximus nurse cannot make the decision. S/he may have submitted a written report if you attended a face to face or had a home assessment but the decision is the responsibility of the DWP decision maker.
Not answering the phone is not a good enough reason for stopping your benefit. You must have something in writing.

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8 years 5 months ago #146097 by slugsta
Replied by slugsta on topic ESA sto
Did you have appointments for face2face assessments that you did not keep? That is the only reason I can think for your claim being stopped so arbitrarily :unsure:

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

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8 years 5 months ago #146110 by Mind
Replied by Mind on topic ESA sto
Hi
Thank you all for helping.

I had a face to face at the end of November and then I had 4 calls from the decision maker on Tuesday and Weds (2 each day) with him saying that he was not gonna call anymore, on the last mssg the number was not withheld and I called it and he told me that the Nurse had made the decision that I was fit for work and gave me the job centre number to make a claim for JSA and that the letter had already been sent out and I asked was it because I didint answer the phone and he just said it was too late now (I told him I had been too scared - i suffer from depression) that the letter had gone out to me. And then today I received a letter re my sick certificate running out and that I need to send them a new one by 14th December. He did say in his message that he needed to speak to me about the med exam I attended in his messages.

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8 years 5 months ago #146111 by Mind
Replied by Mind on topic ESA sto
Hi
I would appreciate any further help.

Thanks

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