What to do?

Hello all, I am new to site. I have been claiming ESA for about 7 years and in February went for the dreaded medical asessment and just heard back last week, well it turns out the person conducting the asessment told blatant [edit] and I was awarded 0 points. I am furious about this and as a result of the blatant [edit] I am left with nothing. I fully plan to appeal and fight this all the way, I really need some help and advice as to what I can claim when my appeal etc is lodged. Thank you.

Spiral wrote: Hello all, I am new to site. I have been claiming ESA for about 7 years and in February went for the dreaded medical asessment and just heard back last week, well it turns out the person conducting the asessment told blatant [edit] and I was awarded 0 points. I am furious about this and as a result of the blatant [edit] I am left with nothing. I fully plan to appeal and fight this all the way, I really need some help and advice as to what I can claim when my appeal etc is lodged. Thank you.

Hi S,

Welcome to Benefits and Work

I gather that you have been transferred over to ESA from IB, IS or SDA, as ESA has only existed since 2008.

If you have been recently transferred over a good starting point would be to read our : IB, IS, SDA, Migration to ESA FAQ’s

If you wish to appeal the 0 points decision, and receive the Assessment Rate of ESA whilst doing so, you must submit a GL24 form which can be downloaded and printed off from the link on this page :

How to submit an appeal

From our : Appeals FAQ’s

You only need to print off from around page 20 onwards, and the GL24 must be returned to The DWP within one month of the date on the ESA award notice letter.

You will also have to obtain a MED 3 (fit/note, sick/note) from your G.P. to cover you from the date that your benefit ceased.

You should send the MED 3 with the GL24 and keep copies of both.

See : Sending Documents to the DWP or ATOS

There is an ESA Appeals Guide on this page :

ESA Claims Guides

Whilst on that page, you may wish to review the relevant ESA Claims Guides pertaining to The ESA50 that you had to fill in.

The important issue with your appeal is to show that either you score the minimum 15 points required for WRAG entry and/or you qualify under at least one of The SG Descriptors :

Qualifying for the WRAG

Qualifying for the Support Group

If you haven't already done so you may wish to request the ESA85 Medical Report and any other relevant documentation using a SAR.

See :

ESA medical – what forms to ask for?

ESA Forms

SAR :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/


Do not miss your one month deadline to appeal if these documents have not arrived. You can make a note of that in The GL24, and forward on any extra comments when you receive them.

I know this may seem a lot to take in, but you now have it all on one topic. You can bookmark this topic, for ease of future reference, and they reply to this topic if you have any further queries.

bro58

Thank you very much for the fully comprehensive reply, yes I was transferred from IB to ESA I should have been clearer. I have an appointment for Friday with my GP and will get everything sent off asap. I was really worried I would not be able to claim anything.

Spiral wrote: Thank you very much for the fully comprehensive reply, yes I was transferred from IB to ESA I should have been clearer. I have an appointment for Friday with my GP and will get everything sent off asap. I was really worried I would not be able to claim anything.

No problem S,

Currently ESA Assessment Rate for single over 25 is £71.70/week:

2013 Benefit Rates

Please keep us updated on this topic, and pose any queries that may crop up.

Just another comment in passing, ensure that the first two MED 3's issued by your G.P. are for no longer than 3 months each, after that they can be for 6 months or longer.

Also remember that initially on submitting you appeal the adverse decision will first undergo an automatic reconsideration by a different more senior DM.

Therefore, to have the best chance of having the decision changed in your favour at this stage, (therefore avoiding a lengthy wait for a Tribunal Hearing) you should provide as much info as soon as you can.

bro58

Again thanks, I will keep this thread updated.

Well I visited my doctor and was refused a sick note, I really do not understand why as this has never been a problem before. Is my appeal dead in the water or is there any other way? I feel like I have really been treated VERY badly by both ATOS (For blatantly lying at the medical) and by my GP.