Employment and Support Allowance (ESA)
If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.

ESA appeal

pataitchpataitch Member Posts: 2 Listener

I had a esa assement thry told me I hadn't enough poins and I ended going onto jsa, I had to sign on, my doctor gave me a long term sick note, saying I,m not fit for work, and they said I had to sort out esa again I have just sent a letter of appeal, written by CAB which I have just sent today, I am62 suffer with epilepsy arthritis asthma and cataracts, and if I cough or sneeze I leak.


Replies

  • steve51steve51 Member Posts: 7,175 Disability Gamechanger
    Hi @pataitch

    A very very warm welcome to you I do hope that we can help you in anyway???

    I'm very very sorry to hear about your problems with your esa assessment.

    Hopefully now that you have got CAB involved things should be much better for you????

    Please please let us know if we can help you in anyway????

  • Sam_AlumniSam_Alumni Scope alumni Posts: 7,731 Disability Gamechanger
    Let us know how you get on @pataitch

    Scope
    Senior online community officer
  • [Deleted User][Deleted User] Posts: 689 Listener
    The user and all related content has been deleted.
  • CandyflossCandyfloss Member Posts: 34 Listener
    Hi Candyfloss here.received MR came 2day,however can't see Rep for 2 weeks is there anyway to speed up the process.? Also if my doctor puts down the same illness will I still be eligible for ESA .?
  • pataitchpataitch Member Posts: 2 Listener
    I am waiting for a date to go to a triubunal for esa, I am on bereavement payment but that will only last till 1yr after bereavement, I was on the sick for 3 months previous, as I have epilepsy arthritis on
    going cataract probs. at 62 I just wish now dwp would just leave me alone
  • CandyflossCandyfloss Member Posts: 34 Listener
    Hi Pataitch, I am in the same age group as yourself so I understand your worries.As I know what is waiting for me at the JOBCENTRE!!!!!!! I have applied for housing benefit based on my Occupational Pension alone even after advice that I would only be able to protect  my home by signing on.As your circumstances maybe different in this respect, my advice is to amass as much evidence as u can get representation while u wait ,Sick notes which should put u back on ESA.til your appeal is heard.Most of all ( and I know how hard this is) try to keep positive and remember you are not alone.LOL
  • michelle2908michelle2908 Member Posts: 4 Listener
    Michelle 2908 here, is it better that I get sick notes from dr while I put in appeal for ESA, I'm signing on at minute. It's very stressful ,I can't get CAB to help ,no one available 
  • tommtomm Member Posts: 231 Pioneering
    michelle2908  If you are claiming JSA /UC  then they aren't needed  until you have your MR decision notice and are entitled to ESA payments again following the application for appeal being accepted  by HMCTS  until appeal is heard, If you aren't claiming JSA/UC then they will be usefull for claiming  ESA arreas from the date you was paid upto onwards, but little point n sending them in yet wait until you have revieved notification  that your appeal has been accepted  from HMCTS then send the fits notes that cover the whole period you haven't been paid as well as the next month 2-3months  or which period your GP writes them for,You will also need to phone the ESA call centre requesting that you go back onto ESA until appeal, once the DWP has updated their system with the appeal notice  they will re commence payments usually
  • michelle2908michelle2908 Member Posts: 4 Listener
    Thanks Tomm, just to clarify, if the hmcts accept my appeal, I need sicknotes from the date my esa stopped, if I lose the appeal I expect I'll need to pay some back though as esa is more than Jsa. Thanks for advice.
  • tommtomm Member Posts: 231 Pioneering
    Yes If you aren't claiming JSA/UC , so you can get the arreas owed from, the date of the original decision (date your esa stopped)  upto  the date you are able to restart your esa claim, if you are claiming JSA/UC then no arreas  will be due,as the ammount is the same, ESA assessment rate & JSA (£73.10 per week) (unless you get sanctioned whilst on JSA) no arreas will be owed to you
    And no, no money will be re payable to them, 

    Where you already on ESA  prior to this WCA ? if so you won't get the SG or WRAG componment  until a tribunal revises the current decision that you are FFW   unless the MR changes  it first,
    The JCP telling you  to make a fresh claim for ESA  will result in not being paid until you have been assessd again ,unless you have A/  new condition or B/ have a significant worsening of your already diagnosed conditions since your last WCA you will need some medical evidence  that backs this up ,( By a significant worsening they mean that you would likely now meet the criteria for those descriptors  you didn't last time)
    IMO you may   be better off sticking with the JSA  if you can , untill you are able to restard your ESA claim  and take your chances with the tribunal , but you will need evidence  of not only your conditions but how they actually affect you too,  CAB maybe will sugest you keep a day to day diary  that shows the sevarity of the problems and how they impact your daily life  as well as the frequency , it all helps you build a credible account when they ask you questions  about your conditions because it is their job to probe and be thorough
  • michelle2908michelle2908 Member Posts: 4 Listener
    Thank you for that, really helpful information from you.much appreciated 
  • debrightstardebrightstar Member Posts: 4 Listener
    Hope it gets sorted soon for you 
  • MichelleliggMichelleligg Member Posts: 1 Listener
    Just wanted to find out about getting a car 
    Michelleligg
Sign in or join us to comment.