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TOPIC: ESA post assessment waiting time ??

ESA post assessment waiting time ?? 3 years 5 months ago #154843

  • bro58

King of pain wrote: Hi,

Well I wasn't expecting to be replying quiet so soon with regard to the ESA WCA reply... but received a phone call earlier and its bad news I'm afraid.

6 points because I can apparently sit at a work station for an hour... yeah right... thats why I had to stop working in the first place.

0 points on physical functions despite the fact it was obvious I struggle to walk any distance at all without being in significant pain because of my lower back problems... (not to mention the elbow problems which means even drying my face with a towel hurts so forget propelling a wheelchair)... and then do it repeatedly over 200m... I wish !!

0 points despite the fact that at least once a week I am unable to control my bowls (had the gall bladder out a few years back and have suffered ever since)... but the pads contain it all apparently so nil points... sorry but they dont !!

So the fight begins now then, how this idiot scored me this way is beyond me, he simply hasn't listened to a word I've said. So ill wait for the letter and appeal the decision... not a happy camper right now... so all suggestions welcome peeps, ta ta for now.


Hi Kop,

I am sorry to hear that you have been found fit for work !!!! :(

Once you receive the decision in writing, if you wish 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 request copy of The ESA85 Medical Report compiled by The ESA Assessor as a result of your face to face verbally over the phone :

THE ESA PHONE NUMBER DWP : 0345 608 8545 (Open 8AM-6PM. Mon-Fri.)

You could also issue a SAR requesting all documentation used in coming to the fit for work decision which could include The ESA85, an LT54 and an ESA113 if one was sent to your 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 your one month MR deadline date.

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

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.

Please keep us updated by replying to this topic.

bro58

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Last edit: by bro58.

ESA post assessment waiting time ?? 3 years 5 months ago #154853

Hi bro58,

Wow do you guys know your stuff... already printed off the mandatory reconsideration guide and will be making my way through it over the next day or two prior to the letter arriving, and I'll certainly be looking into the other suggestions you've made, once again, many thanks.
The following user(s) said Thank You: bro58

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ESA post assessment waiting time ?? 3 years 4 months ago #155229

Hi bro58, just thought Id run this one past you for your perusal...

Went for my initial JSA meeting a couple of days ago, having just been told I'm fit to work by the DWP after my F2F, a very nice lady who explained the whys hows whens n whats, having gone through my current health issues she informed me at my next meeting Id be being placed into a 13 week long period for those who are effectively not fit enough to stand a realistic chance of gaining employment so don't have to do the necessary hoop jumping without having there JSA sanctioned, so now I'm confused, am I fit to work or not? Whats this apparent grey area I'm about to enter into? So the DWP say I'm fit but those charged with getting me into work say I'm not ! looking forward to your thoughts on this latest development. And before I do, is anything I should be aware of before I send the letter off requesting a mandatory reconsideration? many thanks.

One other thing, I'm not sure of your permitted levels of involvement in individual cases, if your able could you give my mandatory recon letter a once over, if so id be very appreciative, completely understand if your unable to, thanks again.

KoP

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ESA post assessment waiting time ?? 3 years 4 months ago #155239

King of pain

Legally you are Fit for Work.

The situation with your JSA is no different from going sick when you are employed, you are lucky as it usually requires a Fit Note before a claimant is classed as not having to fulfil a Job Search agreement..

It's a common mistake, most often made by politicians, that the benefit system offers contiguous support for the ill and the disabled, you can be too well for ESA but too ill for JSA and too ill for the WRAG but not ill enough for the Support Group.

Gordon

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

ESA post assessment waiting time ?? 3 years 4 months ago #155254

Hi Gordon, just read your reply, JEEZ, btw i do have a current (un) fit note and guessing ill be doing the same for some time to come as my back problems have been going on for 9 months now and are not letting up, (broke a vertebrae 25 yr ago n its come home to roost big style) not to mention the IBS and post op elbow probs, so if my mandatory recon fails then i can expect to sit in this grey area until my appeal happens yeah?

With regard to having someone read over my recon letter do you have any suggestions whether within B&W or another body ?

Thanks again, KoP

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ESA post assessment waiting time ?? 3 years 4 months ago #155256

King of pain wrote: Hi Gordon, just read your reply, JEEZ, btw i do have a current (un) fit note and guessing ill be doing the same for some time to come as my back problems have been going on for 9 months now and are not letting up, (broke a vertebrae 25 yr ago n its come home to roost big style) not to mention the IBS and post op elbow probs, so if my mandatory recon fails then i can expect to sit in this grey area until my appeal happens yeah?

With regard to having someone read over my recon letter do you have any suggestions whether within B&W or another body ?

Thanks again, KoP


I'm afraid we cannot review your letter, there are examples in the ESA section that you can review yours against.

Gorodn

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