Employment and Support Allowance (ESA)
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ESA taken away

babynas78babynas78 Member Posts: 4 Listener
ESA life time award took away despite there is no way i can work i suffer servere  deppresion anxiety sleep apnea asma diabeties arthritis syatica a hernia have adaptations in house yet still got 0 points for pip and my esa took away any advice would be great 

Replies

  • debbiedo49debbiedo49 Member Posts: 2,906 Disability Gamechanger
    Welcome you will get help here 
    💜🏴󠁧󠁢󠁳󠁣󠁴󠁿
    I am a fibro warrior !💜♏️
  • babynas78babynas78 Member Posts: 4 Listener
    Thank you i just dont know how to go about it i strugle to read & spell
  • JennysDadJennysDad Member Posts: 2,308 Disability Gamechanger
    Hello @babynas78 and welcome to the community. It is good to have you with us, though I am sorry you are having a hard time. We have specialist advisors here who will be of use to you and they will be talking to you here as soon as possible. This will probably be tomorrow (Tuesday).
    Stay with us for now and keep in touch
    Warmest best wishes
    Richard
  • babynas78babynas78 Member Posts: 4 Listener
    Thank you well im off to sleep now good night god bless to all 
  • JennysDadJennysDad Member Posts: 2,308 Disability Gamechanger
    Goodnight and good bless, @babynas78. Sleep well.
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hi babynas and welcome

    When did you receive the decision letter for you PIP ?
    When did you receive the decision letter for your ESA ?

    Unfortunately we see similar stories on the forums far too often

    If you can you should get help from CAB or any charity that supports your condition

    If you haven't done so you should ask for a copy of the assessment report asap. You will need this to identify the areas that you need to challenge

    For now you need to concentrate on showing that you meet the descriptors for an award

    Most HCP' and DM's don't take into account the reliability factors and make their decisions on a snap shot of your life, how you were at the time.

    To complete any of the descriptors you need to do so Safely, Repeatedly, In a timely manner and to an acceptable standard.

    For example : If you can walk 20 - 50 metres but you can't repeat it straight away and you need to rest for some time before you can do so again then you cannot be said to complete that descriptor. Or if it takes you twice as long as an able bodied person you cannot complete the descriptor
    Dressing and undressing : If your medication takes some hours to work in the morning and you cannot dress without assisstance because of this then this needs to be taken into account

    Go through each descriptor one at a time and see how these factors may apply
    You should look at each activity and break it down into sections and apply the reliability factors to each section

    For example Preparing food

    Can you do so ?  ( safely, realiably, to an acceptable standard and in a timely manner )
    If not, why not ?
    What is it about your condition that stops you doing so ?
    Can you do so if you have help or and aid ?
    What happens if you don't have help or an aid 

    Do this for each descriptor for your MR

    There is a template that you can used for the MR

    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/683380/if-you-disagree-with-a-decision-made-by-dwp.PDF

    and some additional information

    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/683381/how-to-disagree-with-a-decision-made-by-dwp.PDF

    You have a month from the date on your decision letter to request an MR. You can do this by letter or phone. Be very aware of this date, do not miss the deadline

    If you haven't asked for the report until now, it is unlikely to arrive before this date so make it clear that you will be sending further evidence and that they should wait before carrying out the MR until it is received.

    If you can get further relevant evidence you  should submit this but it is not essential. Often, it is not your evidence that is the problem but the way it is read ( or not )

    MR's can often take 8 weeks or more but may also be done very quickly and before your new evidence is receiived. If this happens you can ask for the decision to be looked at again taking into account your new evidence.

    MR's have a low rate of success at present but this stage has to be completed in order to advance to the appeal tribunal.

    There is lots of good info on this site about appeals so please have a look around

    CR


    Be all you can be, make  every day count. Namaste
  • babynas78babynas78 Member Posts: 4 Listener
    Thank you the time as pasted now its been 2 years for the pip my esa was cancled last year & stopped last year im gona have 2 reaply thank you
  • [Deleted User][Deleted User] Posts: 273 Pioneering
    Hi babynas78

    As CockneyRebel says, it would be really good idea to ask for some local help with this, as it was a long time since the benefits were refused. And yes, working out what descriptors apply in your case will be essential.

    Best wishes

    Gill_Scope



  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hi babynas

    For PIP you should reapply straight away

    What date was youe ESA stopped ?
    You can appeal upto a maximum of 13 months
    Was there areason why you didn't appeal ?

    CR
    Be all you can be, make  every day count. Namaste
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