K's ESA Topic !!

Hi, i also suffer with this illness. Have spent numerous years winning and losing benefits, and going through the appeals process.

On one such occasion where i was appealing, i had the help of an Advocate, although he was helpful in preparing me what to expect, on the tribunal day he didnt speak at all on my behalf. Thankfully i won on my own merits.

I recently applied for ESA which i had been advised to do, by 2 proffessional advisors for DWP. Had the WCA 2 weeks ago, what a delight that was. Had the report back yesterday, not awarded. The most troubling thing i found was the report seemed like it was for someone else, because it sure didnt match up to the assessment i had.Total farce.

K wrote: Hi, i also suffer with this illness. Have spent numerous years winning and losing benefits, and going through the appeals process.

On one such occasion where i was appealing, i had the help of an Advocate, although he was helpful in preparing me what to expect, on the tribunal day he didnt speak at all on my behalf. Thankfully i won on my own merits.

I recently applied for ESA which i had been advised to do, by 2 proffessional advisors for DWP. Had the WCA 2 weeks ago, what a delight that was. Had the report back yesterday, not awarded. The most troubling thing i found was the report seemed like it was for someone else, because it sure didnt match up to the assessment i had.Total farce.

Hi K,

Welcome to Benefits and Work

Sorry to hear this !!!

I have given your post its' own topic as I gather that you are seeking advice on your failure to obtain an ESA award.

If you have The ESA85 Medical Report, you can challenge discrepancies within that 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.

If you already have The ESA85 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

Thank you for that info

Hi

As i have explained a few days ago l have been refused ESA. I have applied for MR.

Also i have now had to apply for JSA, which i done over the phone few days ago. I was given an appointment for tomorrow at the Jobcentre. Do i tell them about being refused ESA, and also can they take my illness into consideration, and be more leniant.

Because i have poor concentration and memory sometimes when my condition is at its worst, do i have a right to record everything down in writing what is being said, whilst sat at the interview.

Many thanks.

k wrote: Hi

As i have explained a few days ago l have been refused ESA. I have applied for MR.

Also i have now had to apply for JSA, which i done over the phone few days ago. I was given an appointment for tomorrow at the Jobcentre. Do i tell them about being refused ESA, and also can they take my illness into consideration, and be more leniant.

Because i have poor concentration and memory sometimes when my condition is at its worst, do i have a right to record everything down in writing what is being said, whilst sat at the interview.

Many thanks.

Hi K,

Yes, you should make them aware that you are only claiming JSA through necessity, for some income whilst your MR is ongoing and that you intend to carry on to appeal if the MR is unsuccessful when you will revert back to ESA.

As previously advised Do Not present a fit note to JSA on initially claiming, they will not accept your JSA claim if you do.

If you read through : The Post that I provided the link for in my previous post you will see the extract :

"agree a ‘claimant commitment’ which sets out details of your availability for work and work seeking activity, taking into account realistic and allowable restrictions in the light of your medical condition"

So, "Yes" they should agree a claimant commitment with you which takes into account your limitations.

bro58

Thank you for that. Yes i read through previos script thoroughly now. I couldnt take it all in for a few days.

Also, can i record my own notes in writing whilst sat at my JC interview today, i have probs remembering info, and my concentration is poor sometimes.

Thank you