Failed ESA Capability for Work Assessment..

Jonleeds

Greetings folks!

I've just had a disturbing phone call from the Dwp informing me that I've failed to pass my most recwnt ESA Capability for Work assessment.

IveI been told I have to make a new claim for job seekers allowance despite the fact I've recently developed a serious infection with my leg thats spreading and causing me excruciating pain when standing upright and i certainly cannot walk -  even getting to the bathroom causes me agonising pain. I've been on two courses of antibiotics , plus had umpteen appointments with my GP and community nurse who referred me to the orthopaedic trauma specialist at the LGI hospital. This is not the basis of my ESA claim, I've been recerecei ESA for 8 years until now. At my last work capability assessment i was moved into the support group. Plus as of last December I successfully claimed PIP. I'm a recovering drug addict as I was basixally self medication with drugs to deal with anxiety and depression so I take 70ml of methadone daily. What can I do?? 

Thanks! 

(its taken me nearly an hour to write this) 

poppy123456

Hi,
Your first step is to request the mandatory reconsideration (MR) and you have 28 days to do this. You should put this in writing stating the reasons you think you should be in the Support Group and why. Did you send evidence to support your claim? They rarely contact anyone for this and the onus is on you to make sure it's sent.

Most MR decisions remain the same and less than 20% of them are successful. 

If your area is a full Universal Credit area then you won't be able to claim JSA, you'll have to claim UC instead. If you claim UC then you won't be able to go back onto ESA while waiting for the Tribunal, if you get this far. Check what's in your area here. https://ucpostcode.entitledto.co.uk/ucdate 

If you claim UC then there's a 6 week wait before you'll be paid any benefits and any housing benefit you claim will transfer to UC. 

I would advise you to get help with the MR request and Tribunal, if you get this far from your local welfare rights or other disability advice centre near you. Good luck.

Jonleeds

Much appapprecia the advice thanks!! Ironically several years ago I had a similar problem with my ESA claim being cancelled but at that time it was possible to appeal and be pit on an appeal rate esa until the claim was reviewed, fortunately I was successful that time but I've heard that doing this is no longer possible, what a rip off!! 

Jonleeds

Hey Poppy, thank you for your advice. If you don't mind me asking could you help me with a query I have. I don't live in a universal credit area. Would I have to put in a claim for jsa while I await this tribunal? ImI going to see the welfare benefits advice people asap and get a medical report from my GP regarding my leg infection and also get supportibg evidence from my drug support worker and from the tenancy support worker whos been tryibg to help me deal with debts and living in a hoarders paradise / cess pit since my mental state deteriorated to the point where iIfeel persecuted by the system which has caused my life to be so awful. Hopefullly some of this might support my ESA claim? 

Thanks

Johnny

poppy123456

Hi,
You can start a claim for JSA while you wait for the MR decision. Only problem with doing this, is you're signing a JSA agreement that you're fit for work which contradicts the ESA. You can hand in a fit note for an extended 13 weeks but i'd advise you to do this on your 2nd appointment. As you're seeing a welfare rights adviser then please ask them all about this because that's what they're there for and they will help you deal with all of this.

If the MR decision remains the same and you take it to Tribunal then you can go back onto assessment rate of ESA, but you'll need to send it fit/sick notes. Good luck.