Due to requesting an Audio recorded assessment (first) my ESA claim as been shut down. — Scope | Disability forum
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Due to requesting an Audio recorded assessment (first) my ESA claim as been shut down.

dawn49
dawn49 Community member Posts: 3 Listener
Hello there,
My name is Dawn and i have a problem regarding ESA. I was awarded ESA in the begining of July 2017 and was very pleased. i was given a date to attend an assessment at Romford Essex, during a call to inform them that i would have mobility issues with their stairs they quickly informed me that i could not attend that centre and would need to go to one that had access for claimants with walking aids, crutches etc, i was  provided another appointment at a centre at least a hour away from my home - my daughter was going to drive me as i am unable to drive due to my many health issues. I contact the company who arranged the appointment by phone to request a recorded assessment for my ESA due to untrue information being provided to the DWP when i recently had a PIP assessment done, lucky for me i was awarded PIP,  the person i spoke with informed me that the centre in  question could not offer that facility on the day of my assessment but could make arrangements for a later date, i was further told that a letter would arrive requesting the reason for non attendance of the assessment and all i had to say was the centre could not provide the facilities required for the audio recording which i did do, weeks later (13/12/2017) i received a letter informing me that my claim had stop as of 15/11/2017 and i am fit to work which totally goes against what my G.P. has informed the DWP via my sick notes (EVERY TWO MONTHS)  Can anyone please advise me as to what i need to do from this moment on, i have 3 young children the last one also has multiple health issues and i do not have anyone to help me as of the first week in january due to my elder daughter starting a full time job. Any advice would be greatly appreciated.  Many Thanks Dawn49

Comments

  • Sam_Alumni
    Sam_Alumni Scope alumni Posts: 7,671 Disability Gamechanger
    Hi @dawn49
    Welcome to the community, I am sorry to hear you are having such a rough time with this!

    @Debbie_Scope or @BenefitsTrainingCo can you offer any thoughts on resolving this issue?
    Scope
    Senior online community officer
  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering
    Hi dawn49,

    You need to request a mandatory reconsideration of the decision and put all this information in it. You also need to make a new claim for ESA (unless you are in a full service UC area) and try to get the DWP/assessment provider to give you an urgent medical assessment as they won't pay on a new claim after failing to attend a previous assessment until you attend one. The rules of not being able to apply again unless you have a new condition/deterioration of an existing one doesn't apply in this case as you haven't been found fit for work after an assessment as you haven't had one.
    You should also complain to the DWP and maybe try to get your MP involved because the way you have been treated is disgraceful. Involving the MP is often the quickest way of getting something done, if you don't do this all you can do is follow the dispute process which will take a long time to resolve. It really is appalling to see how people are being treated and nobody can say that their treatment of you is in any way fair at all.
    As an aside, do you have a partner who lives with you and looks after you? If so, your partner can claim Carer's Allowance and Income Support if they have no other income and this can replace the ESA that you have lost. Good luck!

    Lee
    The Benefits Training Co:

  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering
    dawn49,

    As Lee says I hope you have put in a request for a mandatory reconsideration of your ESA, as your claim should definitely be reopened. I also agree with Tomm that you should if possible seek face to face advice from Citizens Advice, if you can, about what to claim in the meantime. If ESA has stopped due to a supposed 'failure to attend', you won't be able to reclaim it and get paid by submitted sick notes as you did before, unless you've got worse or have a new condition. That route is also complicated by the possibility of Universal Credit, which makes it even more important to get face to face advice first.

    You may have options of being able to claim something else, for example, as a carer for your youngest, but because of the Universal Credit complications it's very difficult to advise & I'd try to get local advice on this if you can.

    I'm hopeful that a mandatory reconsideration request can sort out your ESA anyway - if you explain everything that has happened, and that you were told you just had to give your reasons for non-attendance being the lack of recording facilities, then hopefully you can get the decision changed. It will help if you can give a chronology of dates and times, letters you received, when you sent back the 'good reason' form or rang them about why you didn't attend etc.

    Tomm's experience proves they do reopen claims in these situations, so it is worth being persistent, but please do get advice locally in the meantime about what to claim whilst you are getting the situation sorted out. With your elder daughter starting work you may need advice about how this affects your household finances generally too.

    Will                         
    The Benefits Training Co:

  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering
    PS Dawn, I just want to make it clear that it may be a possibility to reclaim ESA but as Lee explained, you won't get it paid to begin with. Unless you've got worse in the meantime or have a new condition they won't pay you until you've had your assessment (which is why Lee suggested trying to hurry it along). 

    However, because we don't know the whole of your situation I think you should get advice locally before you make any new claims. This is in case Universal Credit has started in your area, and because you may have options to claim as a carer instead whilst you get ESA sorted out.

    You should still definitely ask for an MR of the ESA decision so that if possible it gets reinstated and you don't miss money for the period from when it stopped.

    Hope this helps! Let us know how you get on.

    Will
    The Benefits Training Co:

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