dwp mess around with my esa

hey I wonder if any one could help me I have lost my esa due to the dwp saying I am fit for work and the desion maker trying to get me to claim jsa yet after speaking with doctor she feels I am unfit for work at this time and give me a sick note my ? were do I go from hear I have put my mr in any advise in greatfull

Hi and Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

I'm sorry you are going through this

Having been found 'fit for work' by DWP, the only way you can be paid for the time being is if you claim JSA. After the MR has been done, if it is not in your favour you can appeal. Only when the appeal has been accepted can you be paid ESA again. If you need to claim JSA you can negotiate a reduced 'contract' with the JobCentre to take account of your limitations.

For the time being you should keep hold of the fit/sicknote - if you give it to the JobCentre when you claim JSA they will refuse your claim! However, ESA will be paid from the day you were found 'fit for work' if you keep hold of the fitnote until your appeal is accepted.

Please have a good look at our ESA guides as they will explain the criteria you are assessed against and talk you through the MR/appeal process.

ESA claims and appeals

If you have not requested a copy of the assessor's report (ESA85 if you had a face2face assessment and ESA85a if you did not) it is worth doing as this document will explain where/why you did/did not score points. However, don't wait for this to arrive if it would mean delaying your MR request!

When you have had a good look at the ESA guide, please reply to this message with further questions and we will do our best to help.

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 !

mcleeds wrote: hey I wonder if any one could help me I have lost my esa due to the dwp saying I am fit for work and the desion maker trying to get me to claim jsa yet after speaking with doctor she feels I am unfit for work at this time and give me a sick note my ? were do I go from hear I have put my mr in any advise in greatfull

Hi mcl,

Welcome to Benefits and Work Forum

I am afraid that if you need some form of income whilst The MR process is ongoing, your only option is to make a claim for JSA, as in the eyes of the law, you are "fit for work".

You should still continue to obtain fit notes from your G.P. to cover you from the date of the fit for work decision, but you should keep them safe and not produce them to JC Plus if you are to make a JSA claim.

See : This Post for more information on this !

If you can manage without making a JSA claim, you should keep your fit notes safe, then if your MR is unsuccessful and you go on to the appeal stage, once the Tribunal accept your appeal, you could then present your fit notes to DWP ESA and you should be able to revert back to ESA and receive back payment of arrears from the date of the fit for work decision as long as your fit notes cover you from that date.

With regards to your MR/Appeal, see the following :

See : ESA MR/Appeals Guidance

&

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

You could also request a copy of the ESA85 Medical Report that would have been compiled by the ESA assessor at your face to face.

This can be done 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 an 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 their 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 !!

As already advised, 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.

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