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Failed ESA medical
poppyred
Member Posts: 15 Listener
Just been told I failed my ESA medical today and that my benefits will stop from today, including help with mortgage. (I have put in for a reconsideration) but told I will need to apply for JSA and start a claim all over again.
I am 61 with MH problems (well documented) as well as high blood pressure and other ailments that go with age (I have not worked for a long time) but only been claiming benefits for about 7 years). I am so scared I have no family to help or turn to, so facing this ALL alone I am at my wits end.
Someone on the claims line suggested that IF I could wait for the reconsideration before I make a new claim, as the new claim with be for UC, whilst if I wait and win the reconsideration things will go back to as before and any lost money reinstated.
I truly have NO idea what to do for the best outside of wait and see (I was told recons take about 2/4 weeks)...
I know I cannot jump through the hoops of looking for work again, it was that process that put my MH illness into overdrive.
I am going to see my doc to see if he can help with a letter (but they don't normally) I was signed off from the MH team as I would not agree to group therapy classes so basically I have been left to get on with it.
I am 61 with MH problems (well documented) as well as high blood pressure and other ailments that go with age (I have not worked for a long time) but only been claiming benefits for about 7 years). I am so scared I have no family to help or turn to, so facing this ALL alone I am at my wits end.
Someone on the claims line suggested that IF I could wait for the reconsideration before I make a new claim, as the new claim with be for UC, whilst if I wait and win the reconsideration things will go back to as before and any lost money reinstated.
I truly have NO idea what to do for the best outside of wait and see (I was told recons take about 2/4 weeks)...
I know I cannot jump through the hoops of looking for work again, it was that process that put my MH illness into overdrive.
I am going to see my doc to see if he can help with a letter (but they don't normally) I was signed off from the MH team as I would not agree to group therapy classes so basically I have been left to get on with it.
Replies
A benefits advisor should be in touch soon. In the meantime, it might be worth looking at the online benefits calculator to see if there's anything else you could be entitled to, and a HC2 form to help with prescription costs. Best of luck with your appointment, and do keep us updated- fingers crossed things get sorted for you as quickly as possible.
So I wouldn't be holding my breath unless there is something that will stand out to even the dumbest DM If you can get some newer clinical evidence or evidence they haven't seen already that supports your claim, it may be enough
As for claiming JSA you should be able to negotiate lighter claimant commitment They have to take your disabilities /health conditions into account
Such as things like reducing the size of the area that you will seek work, by agreeing a maximum journey time (public transport ) from the default of 90 mins in either direction to say 20-30mins and if they insist on a uc claim a reduction in the number of hours that they expect you to spend looking for work . But once the claim is in payment if you were struggling you could with a new fit note request an extended period of sickness for up to 13 weeks (but the claim must be in payment first)or they will refuse and may end your JSA claim saying that you do not satisfy the conditions of a Jobseeker, crazy system i know , IMO if you are without money then there isn't nothing to loose by starting your claim for JSA now, And it won't be a UC version, which from what i have read it should be the old style JSA in your circumstances Pending MR,
I cannot face jumping through the JSA hoops, the thought fills me with suicidal thoughts, (and the DWP said a new claim would be UC).
My local JC is a 45 mile round trip with the buses every 2 hours (they know this) I know I cannot do that, mentally or physically, if the MR fails then I have NO idea what next, but I have to believe it will not because the options are not favourable for me.
I have been given some pointers on my MR concerning the medical, and tomorrow I go to see my GP, hard as it is, I have to swallow my pride and ask for help (this medical has undone 2 years of counselling) and taken me back to worse than before.
I am 60 years old and too old to jump through the JSA rules.
here is a FOI request about postal signing https://www.whatdotheyknow.com/request/postal_jsa It;
I know it's going be hard for you, but don't give in or let them get to you, as for asking your GP to support you there is no shame in this, gp's are asked frequently to write letters of support for their patients, some will charge a fee others will not,
I have had 1 previous GP refuse to help party because of the DWP's misleading information that they give to GP's regarding fit notes ,
Then another GP who wasn't my appointed GP who thought i was swinging the lead, he didn't say it , but implied that, and he refused to write a letter,citing some pratice policy
My appointed GP was happy to help me, he has referred me to specialists, written serveral letters supporting me, and not charged me a penny
If you live in a full service area for Universal Credit (UC) then you do not have the option of claiming income based Jobseeker's Allowance and your only option would be to claim UC. You can check this on the universalcreditinfo site here. You should think very carefully about claiming UC as in most cases we advise people NOT to claim it This is because even if you were to win your ESA appeal you would not be able to return to ESA and would remain on UC. This is likely to be a worse option because you may get significantly less UC than ESA and there are lots of system based problems associated with UC that are not associated with ESA. You might like to get some advice on this from someone who will be able to assess your circumstances in full.
The problem is you will not have an income during the mandatory reconsideration process and will only be able to get your ESA paid again once you are at the appeal stage.
There is too much to cover here in terms of the appeals process. I suggest you focus on getting some help locally with challenging the ESA decision including asking for the mandatory reconsideration to be done quickly. If you are not sure of your local advice services you should contact the Scope helpline.
In the mean time you should also check your Council Tax Reduction/Support remains in payment on a low income basis. Usually this is stopped following the decision to stop ESA but it can be restarted again even if you have a zero income.
I hope this helps.
David
Contacted local council for a Nil Income form, rang my local welfare group who gave me some advice about challenging the medical report. Joined a online group with lots and lots of help on how to put the appeal together, at the moment I can do no more.
Sadly I live in a very rural area and help is almost none existent.
Went to my GP yesterday going back to my MH team, got some print out of my last MH team reports, so moving along all within the time span.
Worried yes, blood pressure up doc up meds, but trying very hard to keep it all together. I know 60 is not old, but I went from the support group to zero points, who in their mind is going to give me job with a long history of MH problems, the whole damn process is crazy.
I shall keep in touch if that is OK, as I will need all the help I can muster.
Thank you much appreciated.
Please do keep in touch on here, we will provide further evidence when requested and other members of the forum are extremely helpful as well.
You need to submit your MR as soon as possible. You can provide further evidence at a later stage if you don't have it yet. The sooner you put in your MR, the sooner you will get a decision (probably negative in all honesty unless you supply overwhelming medical evidence) and then you can submit your appeal to the tribunals service and request the DWP to reinstate your ESA pending the outcome of the appeal.
Lee
Done and ready to post tomorrow, its lengthy picking apart that medical bit by bit. I feel dreadful, cheated and disbelieved, I have asked for a referral back to my MH team, I am not coping with it, but I intend to fight it all the way. It took less than 30 mins for me to fail the medical I went from support group to nothing my illness just wiped out. No wonder people take their own lives, the stress is overwhelming.
Well done on getting your form together, as Lee says do keep us updated. I'm so sorry to hear that this has been such a stressful process for you, and I'm glad that you've sought support and a referral to a MH team. I hope today is as kind as possible to you.
I shall keep you informed - such a shame they treat people this way and are allowed to get away with it.
Reports serve as a means to a end. Use them to get services and benefits for your child. Read them as if they were written about the therapist’s child. Negative things identified within the reports should be seen as a good thing. Store them somewhere else and move on keeping the faith.