ESA

katybay61

hi everyone. just received my you are not going to get your esa money letter after the 2nd assessment in 8 months. After reading it again and again it beggars belief how an HCP (I use that term losely) can openly lie on numerous occasions ...  I took my mother in to the interview with me as she has been having TIA's so needed to have her with me ,  she heard and saw everything.......... and, it was recorded by the HCP and I have my copy here with me. Now correct me if I am wrong but us lower than pond life people with disabilities get sanctioned and benefits stopped and warned about falsifying documents and claims if we lie, but they are openly encouraged.  Sorry people I have just read that last sentence back and of course they are encouraged to lie they are Government  led. Why on earth would we ever expect any thing different from our great leaders as long as they have food on their table and money in their bank accounts we are nothing but dirt on their shoes. Yes I will ask for the M.R. but if I could find a job that allows me to work with my health issues that allows me to take my mother with me (I care for her 24/7 ) I would willingly do it so that I would not be made to feel so degraded by these people.And that is what they want  and it sickens me that as humans we should be treated this way .  

Milly123

Hi Katybay61. May I offer you a warm welcome to our community. Im sorry to hear that the "powers to be" have decided that you are not going to get your esa. These people blatantly lie and are getting away with it so they must be encouraged to lie. We disabled people are made to feel the lowest of the low and it is sickening. Why should we have to practically beg for these benefits that were put in place to supposedly make our lives easier?? I am glad that you are so angry about it all, it gives you the strength to push on and get the benefits that you deserve. Our government just want us to roll over and give up trying. We must stand up to these lying fat cats

Liam_Alumni

Hi @Milly123,

Welcome to Scope's online community!

I'm sorry to hear about the problems you've been having with ESA - it sounds like you've had a really tough time.

Best of luck with the Mandatory Reconsideration. You may find our page on appealing a DWP benefits decision useful - including a handy video we've made on the subject.

I hope this helps. If you have any other questions, then please do get in touch!

Ripples

@katybay61  I would go straight to MR,  have you got the assessors report and  the  managers decision? I know you feel angry at  the decision and how unjust it appears but if it comes to appeal as it probably will, focus on the areas where you feel they are demonstratively wrong. You have to rise above them and not meet on their level.

[Deleted User]

Hi katybay61

I'm sorry to read this too..the stress people have to undergo in order to be paid a necessary benefit is just wrong. 

I agree with Ripples that it's best to single out the descriptors that you can demonstrate. Get a copy of the full list of descriptors and work out which these are. (You don't have to score masses, just 15 is enough, and if you don't score this much but know you are not able to work, consider the "Regulation 29"  rule - if there is for example a "substantial risk" to your health in applying for work, then you should be on ESA even if you don't score 15 on this test. 

https://www.disabilityrightsuk.org/wca-limited-capability-work-assessment-descriptors

Similarly, for part 2 of the test - deciding whether you should be in the support group or the work related activity group, there is another list of descriptors: 

https://www.disabilityrightsuk.org/wca-limited-capability-work-related-activity-assessment-descriptors

And again, if you don't satisfy any one of these descriptors, then Regulation 35 might  apply - if there is a substantial risk to your health if you carry out work-related activity, then you should be in the support group. 

The two main issues to concentrate on are the Regulations and your evidence, both medical if you can get  some medical evidence (otherwise, you might just explain that you couldn't get medical evidence because you have to pay for it, and you don't have this money) and your verbal evidence, if you phone the DWP, or at an appeal, it would be at the hearing.

I hope this helps.

Good luck.

Gill_Scope