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ESA has been rejected due to my medical

  • Sharon
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8 years 2 months ago #150390 by Sharon
can anyone give me advice, I suffer from cervical dystonia (torticollis) and hip and back problems and have been taken of my ESA and been advised to claim job seekers allowance I have been told if I claim this then that's me saying that I am fit for work, on most days I can barely walk due to my condition, I'm in a lot of pain most of the time and wouldn't be able to hold down a job for 2 days, I have worked all my life until I was diagnosed with my condition and was paid off due to ill health, before my medical I asked my doctor for a letter backing up my condition and he said if they need to know anything then they can contact him, I called the job centre today and they said I would have to come down tomorrow but I told them I couldn't due to a hospital appointment in which I waited over a year for, so she cheekily said well you will have to come down within the next 20 mins, I said I cant as I'm barely able to walk today, so she cheekily said hold on so then came back on the phone and said you will have to be here on Thursday at 2, I said some days are worse than others so if I cant make can I re arrange, she said if your not here then there will be no benefit, but I find this strange as if I go am I not saying that I'm fit for work even though I know that i'm not, i'm in a state of shock by this on how I was spoken too and the medical person also lied and said that I agreed that I could do stuff that I know I told her I couldn't, I feel like I'm fighting a losing battle and the stress of this is making my condition worse, can anyone give any advice, thanks in advance, sharon

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8 years 2 months ago #150396 by shelam
Replied by shelam on topic ESA has been rejected due to my medical
Sharon

Have you not tried to appeal the decision to stop your ESA? You have the right to appeal; it sounds as though you haven't given all the evidence you could to support your claim - did you not include evidence from your GP in with your application form? Perhaps if it's too late to appeal, you might wait and make a fresh claim at a later date, this time supported by your medical evidence?

In the meantime, you could phone the DWP and explain your medical condition/situation, and see what (if anything) they suggest. You could object to the attitude of the person you spoke to at the Job Centre, though I don't know whether or not that would get you anywhere. Obviously you are going to have to try to get there for your appointment - you don't get the benefit if you don't attend.

If you are having financial problems, go to your local government website and run through the benefits check list they have there - it might offer some other financial support.
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8 years 2 months ago #150423 by Gordon
Replied by Gordon on topic ESA has been rejected due to my medical
Sharon

To add to the advice already given.

At the moment you are legally Fit for Work which is why you can claim JSA. If you intend to challenge the Decision then your only option in regard to receiving benefit payments are for you to do this, if the Decision is revised then you will be moved back onto ESA and if it isn't and you go onto to appeal then you can receive the ESA Assessment rate while you wait, assuming that this is your first Fit for Work Decision.

Once you have successfully made a claim for JSA you can then present a new Fit Note from your GP and you should be excused any Job Search requirement for up to 13 weeks, be careful, if you present the Fit Note when you make the claim for JSA or give any indication that you intend to then the claim can be refused and you will not be entitled to any other payments.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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  • Sharon
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8 years 2 months ago #150454 by Sharon
Replied by Sharon on topic ESA has been rejected due to my medical
hi, I have given all my medical evidence at the medical, she photo copied some things, all appointments that I have and who I'm seeing ie pain clinic, physio etc, I don't know which way to go as I have given all the evidence I can including all the drugs that has been prescribed for me, I was also told from the long term illness place that if I claim job seekers then I am admitting that I'm fit for work and this is far from true

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  • Sharon
  • Topic Author
8 years 2 months ago #150455 by Sharon
Replied by Sharon on topic ESA has been rejected due to my medical
hi this is my first time being rejected, I do intend to fight my case but everytime I ask any doctors or physios or pain management doctors for a letter to back me up they all say if DWP need to know anything its them that contacts the doctors and they don't supply letters to the patients, its cracking me up and the stress of it is making my illness worse

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8 years 2 months ago #150477 by Gordon
Replied by Gordon on topic ESA has been rejected due to my medical

Sharon wrote: hi, I have given all my medical evidence at the medical, she photo copied some things, all appointments that I have and who I'm seeing ie pain clinic, physio etc, I don't know which way to go as I have given all the evidence I can including all the drugs that has been prescribed for me, I was also told from the long term illness place that if I claim job seekers then I am admitting that I'm fit for work and this is far from true


Whoever told you this is wrong, this is all about the legalities of your status :(

You are currently deemed (legally) to be Fit for work, your claiming JSA or not will not change this status, nor will it have any impact on your challenging the Decision.

Whether you are actually Fit for Work is another matter but this is an issue in regard to the realities of your claiming JSA and meeting the Job Search requirements and has nothing to do with your challenging the Decision.

Gordon

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

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