ESA medical turned down help on what to do next

cazz55 wrote: Thanks for your reply gordon, another night with a hour or two sleep.

I will be trying to start my MR today but have no idea were to start
Do i use the ESA85 and point out all the discrepancys.

Is there a template or guild on here how to do this ive tryed looking but cant find anything.

thanks.

Hi c55,

Yes, you can challenge discrepancies within the ESA85 medical report, by countering them with your own arguments whilst cross-referencing to any supporting medical evidence that you have or have already provided with The ESA50.

However, the important issue is to reiterate how and why you should have been awarded ESA in The WRAG and/or The SG.

To challenge the decision, you must request an MR in writing within one month of the date of the adverse ESA decision notice letter.

See : ESA MR/Appeals Guidance

&

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

I know that you already have The ESA85 but you could also issue a SAR requesting all documentation used in coming to the fit for work decision which could include an LT54 and an ESA113 if one was sent to their G.P.

There should also be a Statement of Reasons from The ESA DM explaining how and why they came to the fit for work decision.

You can do this using a SAR Form :

SAR Form Download

From this page :

DWP Data Protection Policy

Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.

Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your ESA.

Write DPA 1998 SAR in front, top, left corner of envelope.

Once received, they have 40 calendar days to comply.

Sending Documents to the DWP, ATOS, Capita or Maximus.

Any SAR should be sent as a separate issue, in a separate envelope to your MR request, and if the SAR documentation has not arrived, you should not miss their one month MR deadline date.

You can simply include a note with the MR stating that you have requested documentation, and will submit any fresh evidence as a result of the SAR documents as soon as you have received the requested documentation !!

You may also want to review our : ESA Claims Guides 2nd and 3rd links down !!

Whist the MR is ongoing, you cannot be paid ESA, but you can claim JSA with reduced conditionality to your JSA Agreement to take account of your medical conditions.

If the MR is unsuccessful, and you then go on to appeal, you can revert back to ESA once The Tribunal Service (TS) have accepted your appeal.

See : This Post for further information on this.

You should Bookmark/Favourite this page in your Internet Browser now.

That way you can return to this topic easily to pose any further queries that you may have by replying to the topic.

See : This Topic also !

Thanks in anticipation of your future co-operation in keeping all your ESA related queries to this topic !

bro58

Hi all , sent the MR to them within the month , and today had my MR letter from them back
and they have not changed there decision still ZERO points .

So is the next step to go for tribunal ? is it worth it as i still did not score any points with the MR
All this is ready getting me down im very stressed and when i was at the hospital the other week
having a echo done i was told that my heart failure was mild to moderate , but now its moderate so its got worse even tho im on meds ..

Hello , 19th of may i had my letter from the tribunal appeal saying it had been received on the 18th of may .

Yesterday i went to the job center and my jsa was stopped , ive just came off the phone to esa and they have told me i need to make a new claim with a new illness if i want to start claiming esa again and not for my heart problems from my original claim .

is this correct ? i thought once i had the reply from the court my original esa claim could be restarted untill i went to appeal .

Hi all ive got some news......

some very very good news , today at 12.30pm at telford court i had my Tribunal hearing
The judge and doctor were amazing i was only in there for 20 mins all they wanted to talk about was the mobilising descriptor , they passed me on that alone also then said i wasnt to go in the work related activity group but put me into the support group .

totally over the moon no need to worry now .

if it wasnt for this forum i dont think i would of taken it to the Tribunal hearing after falling the MR.
I had no one with me did it all on my own .

very big thanks to all who have helpped and who run the website .
just need to take it all in now and hope there isnt a problem with my 70 odd weeks high rate back date .

thanks