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ESA help after mandatory consideration!
WGgAL
Member Posts: 8 Listener
Hello,
I am new here. I am so stressed and really don't know what to do, hoping someone can offer some advice.
For years, I was in the support group for depression when out of the blue last year I got a form to send back to possibly be sent for an assessment. Since nothing had changed and my health had got worse as I was diagnosed with a few new conditions, I didn't really think it would be a huge problem, so so wrong! I was sent for the assessment and the assessor was all very polite but as soon as he got to that computer he went into robot mode, fixed expression! He twisted things I had said, He had ignored my depression and also a serious condition. My mum who was with me had to point this out to which he replied he had asked!
Then he made me walk to the middle of the room, asked me to touch my toes, I said I can't, he said as far as you can, then to crouch down. Then to use one step up to a couch. He did all the pushing pulling hand things, legs etc. Not once did he say if you cannot do this, or it will cause you any pain then don't try. I'm not one to make a show of myself by shouting out that it hurt. I did the best I could with the obvious grimaces that I was in pain, which he obviously chose to ignore.
After 40 minutes it was over, he went back into person mode, smiled shook our hands and we left. The worst happened when I got the letter back saying they had found me fit to work, I was gobsmacked, they had been given diagnosis letters. There was no question that I would fight the decision, I got in touch with the DWP and asked for Mandatory consideration, sent everything with a letter from my consultant and a detailed letter from myself pointing out each part that was wrong and what he had missed etc. I didn't hear a thing so I got back in touch, they hadn't received anything, so I had to do it all again. I had no money coming in and had to rely on my mum. It's now been 8 months. I got the letter to say I didn't score enough points but I can be seen to have limited capability to work regulation 29 etc.
Long story short I am now in the WRAG. Still no money, I am awaiting another letter and back pay at the lower rate! I am not letting this go either. I am trying desperately to write a letter and I am going to appeal to a tribunal. Will I be able to use the back pay or if I accept that I cannot go to tribunal, I don't know how it works.
Any help will be much appreciated
Thank you
I am new here. I am so stressed and really don't know what to do, hoping someone can offer some advice.
For years, I was in the support group for depression when out of the blue last year I got a form to send back to possibly be sent for an assessment. Since nothing had changed and my health had got worse as I was diagnosed with a few new conditions, I didn't really think it would be a huge problem, so so wrong! I was sent for the assessment and the assessor was all very polite but as soon as he got to that computer he went into robot mode, fixed expression! He twisted things I had said, He had ignored my depression and also a serious condition. My mum who was with me had to point this out to which he replied he had asked!
Then he made me walk to the middle of the room, asked me to touch my toes, I said I can't, he said as far as you can, then to crouch down. Then to use one step up to a couch. He did all the pushing pulling hand things, legs etc. Not once did he say if you cannot do this, or it will cause you any pain then don't try. I'm not one to make a show of myself by shouting out that it hurt. I did the best I could with the obvious grimaces that I was in pain, which he obviously chose to ignore.
After 40 minutes it was over, he went back into person mode, smiled shook our hands and we left. The worst happened when I got the letter back saying they had found me fit to work, I was gobsmacked, they had been given diagnosis letters. There was no question that I would fight the decision, I got in touch with the DWP and asked for Mandatory consideration, sent everything with a letter from my consultant and a detailed letter from myself pointing out each part that was wrong and what he had missed etc. I didn't hear a thing so I got back in touch, they hadn't received anything, so I had to do it all again. I had no money coming in and had to rely on my mum. It's now been 8 months. I got the letter to say I didn't score enough points but I can be seen to have limited capability to work regulation 29 etc.
Long story short I am now in the WRAG. Still no money, I am awaiting another letter and back pay at the lower rate! I am not letting this go either. I am trying desperately to write a letter and I am going to appeal to a tribunal. Will I be able to use the back pay or if I accept that I cannot go to tribunal, I don't know how it works.
Any help will be much appreciated
Thank you
Replies
Mandatory reconsiderations generally only take 8-12 weeks for a decision so I am surprised that it has taken 8 months for you to get yours.
You are able to use the backpay as the DWP now accept that you are in unfit for work and that is current entitlement.
If you appeal it is because you think you should be put in the support group, which is a much more difficult test. To get in the support group you need to satisfy one of the following descriptors which can be seen here:
https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors
If you don't satisfy one of these the only way you can get into the support group is the application of regulation 35:
Regulation 35- support group exception
Regulation 35 sets out a similar test which governs access to the support group for those to whom none of the descriptors in Schedule 3 of the Regulations apply: such claimants are to be treated as having “limited capability for work related activity” if a failure to treat them in this way would mean there was a substantial risk to the claimants mental or physical health of any person.
Thank you for answering.
So I can definitely have the money and still appeal? Sorry just have to check to save me any more hassles. I will be appealing and Reg 35 do apply in my case.
Thank you so much
x
I have now not had any money for 14 months. I am desperate, I cannot buy anything I need or pay bills, another Christmas not being able to do things and make it nice.
I filled in an online form to get emergency help, money from the council... I told them my situation and that I am on the DWP list as getting benefits. They said they couldn't help me as I am not claiming benefits, do they even bother to read what people say and try to explain to them???
My mother is helping me, but I rarely ask as it's not fair and she is now struggling with her bills and I cannot help her.
What are we meant to do in this situation??
I have been diagnosed with Major depressive disorder to add to the long list of my conditions. I am at breaking point.
I don't know what to do anymore. x
I requested the tribunal and sent off medical evidence as well as the MR decision letter. They accepted it and now just waiting for a date.
The DWP sent me a letter in May telling me I now have been placed in the WRAG. I don't agree so thats why I'm going to tribunal. They also said that back pay would be adjusted and I would receive a letter explaining. And would be paid lower rate ESA. I have been onto them and they say they will chase it up. They never do. Its got the point I cant pick up the phone. I really am as low as can be now.
X
Sorry this is the state of my mind right now. I dont live with partner. I am living with my mother. I was in the ESA support group for 6 years until the capability fot work assessment. I may get my partner to call on my behalf. I know it needs to be sorted but when in my frame of mind I am finding everything so hard. I will make contact with them this week x