Appealing ESA

WeepingWillow

@Charleyb I appreciate  that sometimes you are left with Hobson's choice. When you are without income you are left without alternative.
Reading back through the thread this tribunal will hopefully find in your favour and restore your payments with backpay.  The downside is that on UC the EDP is not paid and as already mentioned you will be expected to do another assessment in due course.

Charleyb

@WeepingWillow hi thank you for your comment it seems that UC can not verify who I am so I have to reclaim so I am just gonna leave it and hope I win my case at the tribunal. I have been struggling to get by my life is upside down feel so depressed which is affecting my illness making life almost unbearable 

poppy123456

When you claim UC online you are then given an appointment at your local job centre to take you ID in so they know who you are. Is this the problem you're having?

Charleyb

@poppy123456 yes this is the problem I am having

Charleyb

I was found fit for work at my assessment I have asked for a mandatory reconsideration so am I intitled to the basic rate of esa if so what do I have to do

poppy123456

Charleyb said:

I was found fit for work at my assessment I have asked for a mandatory reconsideration so am I intitled to the basic rate of esa if so what do I have to do

Hi,

Having just re-read the thread i see you were found fit for work for failing to attend the assessment, is this correct? If so then i'm afraid you won't be able to go back onto assessment rate of ESA while you wait for the Tribunal. The Tribunal is because you were found fit for work for failing to attend.

Also have you claimed universal credit?

Charleyb

No I went to my assessment and they gave me no points so found me fit for work I sent the mr letter recorded delivery on 25/01/2019 and I still have not got any response I then went to the local job centre and gave them the copy of the letter I had sent to them this was on the 7/02/2019 and they told me not to worry they said they would send it to mandatory reconsideration I am still waiting for the answer and once again I am left without any money could you please tell me where I can get help and advice with this situation 

Charleyb

I won my appeal for when I never attended the assessment they failed me on. This is for a assessment that I did attend they found me fit for work but there is no way in this world I am in any way fit for work I am heavily medicated which makes me feel so drowsy and drained I am in constant pain they refuse to acknowledge how sick I am my g.p keeps telling them that I must not work and my last operation did not go well two years later and it still has not fused I just need them to send back my mandatory reconsideration answer so I can get my appeal put in progress

poppy123456

Hi,

I'm afraid there's no time scales for MR decisions. Sometimes it takes a couple of weeks and other times it can take 8 weeks or more. There's nothing you can do about the ESA until the MR decision's been made. Once that's made, if the decision remains the same and most do then you can request the Tribunal within 1 month. Once the Tribunal accept your appeal you can go back onto assessment rate for ESA but you'll need sick notes from your GP and they will need to be backdated.

The only other option is to claim UC.

CockneyRebel

Do you claim PIP ?