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(ESA)Support to 0 points when conditions got worse
8 years 4 months ago #179830 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic (ESA)Support to 0 points when conditions got worse
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 am sorry that you are going through this
Your first step will be to request a Mandatory Reconsideration. How to do this is explained in our ESA guide
ESA claims and appeals
Have you requested a copy of the assessor's report? This will be helpful in understanding why you did not score the points that you expected to. DWP usually send them out on request.
You have one month from the date of the decision letter to get your MR request to DWP. Do not delay if the assessor's report has not arrived. You can tell DWP that you will send in further information when you have seen the report and they should give you a bit more time.
Once you have the report we will have a better idea of why your claim failed and how to address the issues.
Meanwhile, if you need money, your only option is to claim JSA. The fact that you have been found 'Fit for Work' over-rides a GP note and your own opinion of your capacity for work.
Once you have a JSA claim in payment,you can present a new fitnote for up to 12 weeks and this should excuse you from all job seeking activities. We have heard of people being denied this but there is no legal basis for doing so.
If you do not need to claim JSA, get fitnotes and keep them to one side, then you can get payment backdated if this has to get as far as an appeal.
May I suggest that you bookmark/favourite this on your web browser now so that you can find it easily in future? This will allow you to return with further questions or comments about your ESA without having to start a new topic each time. We ask members to keep everything relating to the same claim in one topic as it helps us enormously - and I hope you will find it useful too
Welcome to Benefits and Work
I am sorry that you are going through this
Your first step will be to request a Mandatory Reconsideration. How to do this is explained in our ESA guide
ESA claims and appeals
Have you requested a copy of the assessor's report? This will be helpful in understanding why you did not score the points that you expected to. DWP usually send them out on request.
You have one month from the date of the decision letter to get your MR request to DWP. Do not delay if the assessor's report has not arrived. You can tell DWP that you will send in further information when you have seen the report and they should give you a bit more time.
Once you have the report we will have a better idea of why your claim failed and how to address the issues.
Meanwhile, if you need money, your only option is to claim JSA. The fact that you have been found 'Fit for Work' over-rides a GP note and your own opinion of your capacity for work.
Once you have a JSA claim in payment,you can present a new fitnote for up to 12 weeks and this should excuse you from all job seeking activities. We have heard of people being denied this but there is no legal basis for doing so.
If you do not need to claim JSA, get fitnotes and keep them to one side, then you can get payment backdated if this has to get as far as an appeal.
May I suggest that you bookmark/favourite this on your web browser now so that you can find it easily in future? This will allow you to return with further questions or comments about your ESA without having to start a new topic each time. We ask members to keep everything relating to the same claim in one topic as it helps us enormously - and I hope you will find it useful too
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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