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Failed medical.
8 years 1 month ago - 8 years 1 month ago #153686 by bro58
Hi a,
Welcome to Benefits and Work Forum
I am sorry to hear this !!
It sounds very much that rather than being placed into The SG as a result of your review, you have actually been found fit for work.
Unfortunately, this is entirely possible.
This being the case you are entitled to a written Decision Notice letter informing you of the fit for work decision.
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.
You could also ring ESA : THE ESA PHONE NUMBER DWP : 0345 608 8545 (Open 8AM-6PM. Mon-Fri.) and request a copy of The ESA85 Medical Report which would have been compiled by the ESA Assessor at your face to face.
If you have problems obtaining this with a verbal request, you could also issue a SAR requesting all documentation used in coming to the fit for work decision which would include The ESA85 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 !!
Once you have The ESA85, etc, 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.
You may also want to review our : ESA Claims Guides 3nd 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
Replied by bro58 on topic Failed medical.
andy wrote: Hi I had a phone call today telling g me that I had failed my medical to go from the work focused group to the support group. The guy then told me that I will now have my ESA money stopped and I should sign on for JSA, is this right?
I have been on incapacity and DLA benefits for 10+years and suffer from Regional pain syndrome or RSD as it is also know as.
My mobility is the main reason for me being on benefits although I have other problems, I also get carer's allowance for my wife who suffers with mental health issues.
I don't know what I should do now. Can anyone give me some advice please.
Thank you
Hi a,
Welcome to Benefits and Work Forum
I am sorry to hear this !!
It sounds very much that rather than being placed into The SG as a result of your review, you have actually been found fit for work.
Unfortunately, this is entirely possible.
This being the case you are entitled to a written Decision Notice letter informing you of the fit for work decision.
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.
You could also ring ESA : THE ESA PHONE NUMBER DWP : 0345 608 8545 (Open 8AM-6PM. Mon-Fri.) and request a copy of The ESA85 Medical Report which would have been compiled by the ESA Assessor at your face to face.
If you have problems obtaining this with a verbal request, you could also issue a SAR requesting all documentation used in coming to the fit for work decision which would include The ESA85 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 !!
Once you have The ESA85, etc, 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.
You may also want to review our : ESA Claims Guides 3nd 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
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