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mandatory reconsideration for esa

natalie123

Hi guys I'm new to this and wondering if anyone can help? Esa was stopped on the 18th of November after failing medical assesment, scored 9 points for not being able to go out alone, so I've wrote and posted my mandatory reconsideration. In a panick I wasn't sure what to write so I tried to go into as much detail as possible about my depression and anxiety and how it affects my day to day life. The first part of the report dwp sent me said how I informed the 'nurse' that assessed me at my medical assesment that I have a smartphone to call and txt which is completely UN true! So I stated this in a polite way on my MR letter. I wrote 5 small pages going into as much detail as possible stating how I've been through a number of abusive relationships, which had affected my self esteem and self worth. States how I stay in bed for days in end due to depression and how I have self harmed and had panick attacks. I also stated how I have no parnets and sadly my sister who I was close to passed away in 2012. I stated how I have been sexually abused and can't have children of my own. I stated how this affects me mentally and that my depression makes me forgetfull. Sorry for the long and detailed post but if anyone can give me any information I would very much appreciate it.
I have been forced to claim USA but as I am UN able to look for work daily and attend the job centre weekly due to my illness I was informed I could go onto a 13 week sick period where I could hand in a sick note and still claim jsa for 13 weeks without having to sign on or look for work which I have done(handed in sick note and am due to be paid on the 20th dec) I am hoping they now don't cancel my claim for Jsa and mess my money about when I don't sign on Friday even though I know they have received my sick note because I called them to check and they confirmed it was there.
Another thing is that as my esa was stopped on the 18th nov I tried to claim jsa online the next day while waiting for the forms for MR to come through and it clearly says on the site "if you have claimed esa in the last calender month you cannot use this service) so I then spoke to my key worker who said he had a way around it so I left it in his hands-with nothing more I could do, the claim was finally made on the 27th nov, 9 days after my esa was stopped. On the 6th Dec I was paid £52.22! Was told to fill in a jsa 5 form to get had back dated from the 18th nov(day esa was stopped) to the 26th nov( day before jsa claim was made) so I did(apparently they lost the form) so I then filled out another had 5 form and was told to call back in 48 hours for a decision to be made which I did, I was them told outtakes 6 working days for a decision to be made and I would have to c all l back adder another 4 day's! Ridiculous! Tomorrow will be 6 working days waiting on a decision to be made on 9 days worth of back pay! What a hasstle! Considering I've had 1 payment of £52.22 since the 18th of November( over 4 weeks ago) I will be demanding to talk to the manager tomorrow if I'm fobbed off once more!
Sorry about the long post once again if anyone could help or shed some light on the situation please do.
Thanks

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Sam_Alumni

Hi @natalie123
Thank you for sharing your story and I am sorry you are having such a tough time. I hope the benefits advisor will be able to offer more support soon.

BenefitsTrainingCo

Hi @natalie123

Well putting aside the obvious difficulties you're experiencing at the hands of the DWP here, from an advisers view, there are some good points here in your favour.

Firstly, you've done the exact right thing I would hope a client has done, in putting in a prompt MR, explaining in your own words what you struggle with on a day to day basis. Clearly you have a good understanding of your condition and are able to express it in a coherent way. And to take an unusually optimistic perspective - perhaps the DWP will see sense and award you an extra descriptor somewhere.

Secondly, you've claimed JSA, discussed with them about submitting a sick-note as you are appealing the ESA, and actually done it - like you, I hope they don't mess about with your claim as a result of this, and would recommend staying on their backs about it to make sure they do not.

Thirdly, you clearly ARE all over the DWP, which is more valuable than you might imagine - less likely that they will mess your claim up this way, and if they do, easier to sort out as you'll know quicker.

Other up-sides are that you have a key worker - who may be able to do evidence for you should you need it(?) and that the JSA will hopefully be short-lived anyway, as once your MR is decided you should be able to re-claim ESA one way or another.

I appreciate that the lack of payments for over a month now must be incredibly difficult to cope with, but hopefully JSA should now be sorted?? Let us know if it's not.

Best Wishes,

Mary

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