Employment and Support Allowance (ESA)
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ESA Physical that never happend.!!

Hiya All  :)
Just need some info/help on what to do next .
I had my ESA Assesment on the 27th Nov 2017 and it was a complete nightmare.
I attended this interview accompanied by my Support Worker from the (Mental Health Team).
The Advisor was shall i say "short" with me and kept interupting my answers,this last for about 35 mins.
After my "assesment" we left and i waited for the outcome.
Well... what i got from the assesment (DWP) was details including that i had a physical examination,which i never did,as i sat in the chair all the way through,and was never examined by anyone
There was other answers that where false ...!! including i got a mobile phone(false) and other facts that were totally fabricated...!!
Please where do i turn next
Ross

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,
    Have you had the decision yet and were you found "fit for work"? if yes then your next step is to ask for a Mandatory Reconsideration (MR) you have 1 month from the date of the decision to ask for this. You'll need to put your request in writing and send more evidence if you have it. Bear in mind that only 20% of MR decision's change so it's likely you'll have to take it to Tribunal.

    Please also be award that if your area is a full Universal Credit area and you plan on making a claim for JSA then you won't be able to claim this. You'll be asked to claim UC instead. If you claim UC then you won't be able to go back onto ESA while waiting for the Tribunal.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    Hi Ross and welcome


    Did you /have you asked for a copy of the assessment

    Unfortunately, yours is a familiar tale on the forums

    First you need to request a call back from a manager to explain the decision and discuss your concerns
    Then , if common sense does not prevail you will need to ask for an MR within one month of the date of your decision letter. If you have or can get and further supporting evidence then this is the time to submit it. If you don't have it in time for you request then tell them you will be submitting more and that they should not make decision until it is received.

    It is a good idea ti understand the points system, descriptors and criteria for an award. A good starting place is the B&W self test

    http://www.mybenefitsandwork.co.uk/med2/indexxx.php

    you will need to find evidence that contradicts the HCP report if possible, A statement from your support worker as witness for example

    You should also consider making a formal complaint to the assessment company. There are to many assessors doing this and they need to be sorted out

    Please do come back with any questins

    CR

    Be all you can be, make  every day count. Namaste
  • Trying2OverComeTrying2OverCome Member Posts: 3 Listener
    Update !!
    Sorry i didnt mention a couple of things ..so to clarify These points are ..

    1st  . I suffer from Agrophobia,Depression and Extreme Anxiety and can only go
    out into the Wild ( outside) when accompanied.

    2nd ..I had the decision and i was moved from Support Group to WRAG.

    3rd...i was found not fit for work,but fit to look for work and have now got an
    appointment with an advisor on the 11th January at 10.40am.

    4th...i have made a complaint to Maximus about the Assessor and waiting to hear back from them ( 48hrs Waiting Time ).

    5th ...My Support Worker will be making a statement on my behalf.

    So still confused and worried as to what will happen at the Jobcenter as im a nervous wreck just thinking about this,let alone actually going there.

    Sorry guys for this post and btw Happy New Year to all  :)

  • manstickcarmanstickcar Member Posts: 4 Listener
    I've also just found out I have one of those DWP medical assessments towards the end of the month. Been in ESA Income Related Support Group for 2 years.

    Pretty much dreading it because I have heard all sorts of bad stories. 

    Also, makes me mad that I cannot park nearby. If I could use public transport that wouldn't be a problem, but that means interacting with strangers and worst of all not throwing up, (the Gabapentin tablets I take cause motion sickness issues).

    I'm not agoraphobic like Ross, but I feel for him. I have anxiety and depression caused by the pain that I am constantly having to put up with. What they are doing is cruel. If they truly wanted to help they would have talked to the support worker and straightened it out..
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