Taken off ESA

Comments
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Hello nicky and welcome
So sorry you are having such a hard time
You now need to appeal to the tribunal which is a lot more understanding than the DWP
Do either you or your husband claim PIP ?
If you can please get advice from CAB or similar, but in the mean time have a look around this site as there is lots of info on the appeals process
Please come back with any questions
CR
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Hi @nicky1975hindmarsh welcome to the community, I am sorry to hear that you are having such a rough time.
I have moved your post to the ask a benefits advisor section where I hope they will be able to help.
Best wishes0 -
Yes CR is right in saying you now need to appeal.
If you can find yourself a local representative then great, but if not then just submit the forms yourself - the process is fairly straightforward.
All you will need at this stage is a form SSCS1 https://formfinder.hmctsformfinder.justice.gov.uk/sscs1-eng.pdf and a copy of the Mandatory Reconsideration letter ESA have sent you.
Explain clearly on your form all the reasons you could not attend the appointment - remember they are not assessing your entitlement to ESA here, just whether or not you had good cause for failing to attend the appointment, so concentrate on the day in question and days leading up to it if applicable. You need to be able to show that it was reasonable that you decided to stay at home rather that going to be assessed, knowing that that would stop your benefit.
Make sure you request an oral hearing and attend it, as this greatly increases the chances of success.
After that it's just waiting for the Tribunal to list your case.
In the meantime, you need to get a claim in for Jobseekers Allowance if you haven't already, as ESA cannot be paid on appeal for 'failure to attend' decisions.
Also do consider PIP. Benefits and Work website have a PIP 'self-test' where you can answer questions to see if it is worth you claiming and I'd recommend having a look at that. https://benefitsandwork.co.uk/personal-independence-payment-pip/pip-self-test
Kind regards,
Mary
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