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ESA and UC claim
- Claire
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5 years 4 months ago #222579 by Claire
ESA and UC claim was created by Claire
So after months of providing sick notes to the DWP, going for a work capability assessment and sitting there in pain for over and hour until they saw me, after I asked when I was going to be seen. They have decided I am capable of going back to work.
No my question is would my letter for MR be similar to the one that I have written for my PIP MR?
Also if I offered the "doctor" additional infomation and she refused to take them, is she allowed to do this?
Can I raise this in my MR letter?
I have to say, I really think this government and their benefits policies are horrible, people have to go through hell and back to prove they are ill. I wish I had my old life back, where I'm not in constant pain, espeacially because it was someone elses fault and not mine.
This system is so unfair!
No my question is would my letter for MR be similar to the one that I have written for my PIP MR?
Also if I offered the "doctor" additional infomation and she refused to take them, is she allowed to do this?
Can I raise this in my MR letter?
I have to say, I really think this government and their benefits policies are horrible, people have to go through hell and back to prove they are ill. I wish I had my old life back, where I'm not in constant pain, espeacially because it was someone elses fault and not mine.
This system is so unfair!
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- Gordon
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5 years 4 months ago #222597 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA and UC claim
Claire
Yes, your MR letter needs to be similar to the one you wrote for PIP but obviously addressing the ESA activities.
Assessors are told that they should accept any evidence presented at the assessment and to include it in the claimant's file when it is returned to the DWP. I would definitely mention it in your MR letter and obviously include a copy that evidence as well.
Gordon
Yes, your MR letter needs to be similar to the one you wrote for PIP but obviously addressing the ESA activities.
Assessors are told that they should accept any evidence presented at the assessment and to include it in the claimant's file when it is returned to the DWP. I would definitely mention it in your MR letter and obviously include a copy that evidence as well.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Claire
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5 years 4 months ago #222606 by Claire
Replied by Claire on topic ESA and UC claim
She refused to take the additional info and said they have been told not to take it, so I took her word for it.
I requested my assessment report today, which has arrived quickly considering I requested them on Monday.
She claims I sat down for 30 minutes and that was the whole interview time, however somewhere else in her report stated I stood up (yes I stood up for a period of 5-10 minutes, because my back was hurting). How can she claim I sat for 30 minutes continuosly for 30 mins but stood up, if that is not an oxymoron, I don't know what is.
I want to ask a question regarding the medical beds, if I requested to sit in this during the interview, because of my back pain, are the medical assessors allowed to refuse, if it would aliviate my pain?
I requested my assessment report today, which has arrived quickly considering I requested them on Monday.
She claims I sat down for 30 minutes and that was the whole interview time, however somewhere else in her report stated I stood up (yes I stood up for a period of 5-10 minutes, because my back was hurting). How can she claim I sat for 30 minutes continuosly for 30 mins but stood up, if that is not an oxymoron, I don't know what is.
I want to ask a question regarding the medical beds, if I requested to sit in this during the interview, because of my back pain, are the medical assessors allowed to refuse, if it would aliviate my pain?
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- Claire
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5 years 4 months ago #222609 by Claire
Replied by Claire on topic ESA and UC claim
I am also in a universal full service area, how feesable is it for me to claim ESA rather than going for UC for ill health?
How will getting ESA affect my curent UC award, can you claim them together...essentially is ESA deductable from UC?
How will getting ESA affect my curent UC award, can you claim them together...essentially is ESA deductable from UC?
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- Gordon
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5 years 4 months ago #222612 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA and UC claim
Claire
If you are in a UC Full Service area then you cannot make a new claim for ESA, it wouldn't be accepted anyway unless you could show a deterioration of your existing conditions or a new condition since you were assessed reasonably likely to result in an award.
If you make a claim for UC then that is it, you cannot return to ESA even if your MR or an appeal are successful.
Gordon
If you are in a UC Full Service area then you cannot make a new claim for ESA, it wouldn't be accepted anyway unless you could show a deterioration of your existing conditions or a new condition since you were assessed reasonably likely to result in an award.
If you make a claim for UC then that is it, you cannot return to ESA even if your MR or an appeal are successful.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 4 months ago #222700 by Claire
Replied by Claire on topic ESA and UC claim
Hi Gordon,
Could you tell me the answer to this question, please?
I want to ask a question regarding the medical beds, if I requested to sit in this during the interview, because of my back pain, are the medical assessors allowed to refuse, if it would aliviate my pain?
Could you tell me the answer to this question, please?
I want to ask a question regarding the medical beds, if I requested to sit in this during the interview, because of my back pain, are the medical assessors allowed to refuse, if it would aliviate my pain?
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