PIP, DLA and AA
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JSA/ESA

SystemSystem Posts: 521

Scope community team

This discussion was created from comments split from: Appealing a Decision.

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  • geraldine24geraldine24 Member Posts: 1 Listener

    Hi to everyone this is my first time on here and I am wondering if someone could please help me, I have been in receipt of ESA (support group) for 17months I was called in for assessment, letter arrived couple of weeks later saying I scored no points and my ESA would stop. I was then told to claim JSA which I stupidly did, then I was told I could appeal Mandatory Reconsideration I did this while I was claiming JSA the result is in they still say no I don't have any points I know now that I can appeal to the next level but do I have to wait and still claim JSA while they decide if my appeal will be heard or do I go back on ESA assessment phase ???/ My problem is I have been told I need full knee replacement but my consultant wants me to hang on as long as I can due to my age (58) I also suffer from COPD and right shoulder rota cuff so not much movement in shoulder. The DWP gave me no points as they say I could move more than 200 meters in self-propelled wheelchair I am lost for words when reading this as my pip claim states I cannot move more than 50 meters ref the pain and discomfort in my knee plus I am always short of breath these days. So My question is who can help me with this next appeal I need to go through I have tried CAB but they are far too busy I would like a solicitor or anyone who as more knowledge on this matter than I do. Sorry my first post is so long but I am feeling really down about all that is happening. PLEASE ANY ADVICE or the name of a good solicitor who will help or anyone who

  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering

    Hi @Geraldine24

    Try not to panic.

    The answer to your first question is NO - you don't have to stay on JSA while your appeal is processed. Once the appeal form (SSCS1) is logged with the Tribunals Service, they'll let ESA know you have appealed, and you can then go back on ESA for the duration of your appeal.

    I would recommend calling ESA a week or two after you post the form, check they have it, and then ask to withdraw your JSA claim and go back on ESA.

    The answer to your second question - who can represent you - is less straightforward I'm afraid. If you have tried the local CAB and they can't help, try the Council to see if they have a Welfare Rights service, or a local Money Advice Service to see if they can do benefit appeals - a lot of housing associations also assist with 'income maximisation' which often includes benefit appeals.

    My overall advice though, would be - don't be afraid to do it yourself. The main thing you need to do with a benefits appeal, is to get yourself to the hearing on the day and answer the Tribunals questions honestly and straightforwardly - I spend a lot of time telling clients this. Medical evidence helps if you can get it, but if you cant get it, still go yourself on the day, as there is no better evidence than you can give.

    https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/challenging-an-esa-decision/

    https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-a-benefit-decision/challenging-a-dwp-benefit-decision-on-or-after-28-october-2013/appealing-against-a-benefit-decision/appealing-against-a-dwp-benefit-decision/

    The two pages above have everything you need to know - the top one is actually about Mandatory Recons, which you have already done, but it's got some useful stuff so still worth a look.

    I'd say get your appeal form in and get back on ESA asap! Here is the appeal form SSCS1 https://formfinder.hmctsformfinder.justice.gov.uk/sscs001-eng.pdf If you're worried about the 'grounds' section, just do 5 or 6 bullet points as to why you disagree with the decision, doesn't need to be too long,

    Hope this helps - do let us know if you need any more pointers!

    Kind regards,

    Mary

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
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