ESA reassessment after knee replacement

I just heard by phone, following the assessment a month ago, I'm now considered capable of work and I'm advised to claim JSA immediately.

I think I'll probably go for an MR on the basis that I can't sit for an hour, at least in an ordinary chair or a wheelchair, which they think I can. But though that's the current situation, it could change quite quite quickly.

As it happens I'm seeing both GP and physiotherapist tomorrow and the physio is going to consider referring me back to the consultant which of course would take weeks. Would it be sensible to ask the physio whether he'd write a letter in support of my point about sitting? Assuming the referral goes ahead, can I submit the MR request saying I'm expecting to get evidence from the consultant in a few weeks?

Hi Rob,

I'm sorry your ESA claim has been refused

A physio letter of support could certainly be helpful for the MR (depending on what it says of course!). DWP should allow you extra time if you tell them you are going to supply further information - but I would not expect this to be more than 28 days.

You should be aware that the ESA descriptor looks at how long you could remain at a workstation, with a mixture of sitting and standing, before you had to move away. You will need to take this into consideration when arguing your point.

The MR process is explained in more detail in the ESA guides.

I'm now writing a letter explaining my reasons for requesting an MR, and there's a particular point that I need advice on.

I made a stupid mistake when filling in the ESA50, saying that sitting isn't generally a problem. (Probably because for the 2-3 months previously, apart from brief periods in doctors' waiting rooms and such, I'd only ever sat on my riser/recliner chair.) In fact sitting normally, without leg support, my knee does become quite uncomfortable after 40 or 50 minutes.

They accept I can stand only for 5 mins but say I could sit for 55 and so remain in one place for an hour. While that would be quite doable on a one-off basis, repeating it several times a day would usually cause a symptom flare up (inflammation and pain) that would take several days to settle down. When last measured my knee bends only to about 80 degrees voluntarily, 90 when pushed.

Because it was my mistake not to mention this on the form or at the assessment I'm not sure how to present the issue for the MR. Should I give my excuse for forgetting it, or just present the facts, or...?

I guess it might be relevant that, while I DID say on the form that my ability to walk, use steps and sit vary, this was not discussed at the assessment or mentioned in the decision letter.

The MR went in my favour! I realise this is very unusual but I blame myself for not taking enough care either filling in the ESA50 or preparing for the assessment or there would have been no need for all this hassle.

Now there's another issue. After the ESA stopped I claimed Universal Credit, I've been supplying "fit notes", and now there's another assessment to face -- or at least a form to fill in, the UC50 (which seems very similar to the ESA50) which was issued before the MR decision.

It does seem as if I'm stuck on UC, this being a full service area and my CB ESA due to end anyway just a month after it was stopped. But it seems a bit weird to have to go through all that again.

Could I refer in the UC50 to the evidence I submitted for the MR, or would I need to get fresh copies? Could I refer to the MR decision letter and/or provide a copy of it? I hardly dare to hope that the MR decision means I don't have to bother at all!