No points for ESA

Billylynn4668

I got a text message yesterday from DWP regarding my ESA assessment and that they would phone me within 3 hours I felt nervous 
the gentleman phone me to tell me that I didn’t get any points at all and that I would need to clain  another benefit like JSA 
The day I went to the assessment I had a chest infection and was just back from hospital as I needed a emplsizer to help with my breathing 
i got there and never seen a place like it there were 4 security guards I thought I was going into a war zone honestly instead of a office anyway went in signed in sat were I was told was very strange 
my name was called by a lovely lady who took me into a room asked me some questions as I cough and wheeze couldn’t even talk much the lady ask me to do a few things she then said I won’t do the flow test as I can see you would not be able to I am on a lot pain medication like morphine gapenten lyrica but I was told to take all my medication which I did she didn’t look at it at all I have cercial mythopathy and a few other medical problems as I all ready said she was lovely really friendly made me feel at ease she said it’s a lot pain you suffer from and I told her yes that’s why I can’t walk or stand for very long as that’s when the pain starts 
well to cut a long story short I do get pip until 2021 I am so angry I want to make a official complaint about this lady as she was so cunning she told me that if I got rejected that I should appeal it and that people came in here and know exactly what to say .
The man said she didn’t go the flow test as I was coughing but my breathing was fine 
that in my mind nasty people telling lies I have a witness to what she said my husband was there to he can’t believe the outcome either 
any Advice of what to do next would help how to go forward 

poppy123456

Hi,

You now have 28 days to request the Mandatory Reconsideration. You need to put this in writing stating what you disagree and which group you should be in an your reasons why. Being placed into the WRAG you'll need to score at least 15 points. Being placed into the support group isn't about scoring points, it's about satisfying at least one of the support group descriptors.

Links for both group descriptors here.

https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1354-work-related-activity-group-descriptors

https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors

reg 29 and 35 explained here. http://www.cpag.org.uk/content/making-exception

Evidence will be needed to support your claim because they rarely contact anyone for this.

Only 17% of MR decisions are successful, so you may have to take it to Tribunal.

Were you previously in one of the groups or on assessment rate?

As your ESA has now stopped because you were found fit for work, what you can claim will depend on your circumstances and what's in your area. If you were claiming Income Related ESA then you need to look to see if your area is a full Universal credit area, if it is then you'll have to claim this. Check your area here.

https://ucpostcode.entitledto.co.uk/ucdate

If you claim UC then you won't be able to go back onto ESA.

If your area isn't a full UC area then you can claim JSA with an extended 13 week sick/fit note but don't hand your fit note into the job centre until your 2nd appointment. If you hand it on on your first appointment they may refuse you the JSA claim.

I'd advise you to get further help from either your local CAB or welfare rights with the MR and Tribunal, if needed. Good luck.

poppy123456

Also, all complaints should be sent to the health assessment providers and not to DWP. DWP won't be interested in any lies told in the report by the HCP and you should also not mention any lies told in the report when writing the MR request letter. Don't expect any reply from the complaint as those that do complain mostly hear nothing.

I would concentrate on the MR request first then address the complaint once the letter of request has been sent.

Billylynn4668

Thanks for that 

debbiedo49

Is this your real name?

Billylynn4668

No not my real name 

poppy123456

debbiedo49 said:

Is this your real name?

Who me? Nope it's not my mine. real names shouldn't be used on internet forums, at least i don't think they should be anyway.

Billylynn4668

Thought that 

lisabrazil80

As enyone been to pip appeal for metil heath can and did u win your pip back for metil heath can enyone tell me pls i so worred about this 

poppy123456

lisabrazil80 said:

As enyone been to pip appeal for metil heath can and did u win your pip back for metil heath can enyone tell me pls i so worred about this 

Hi,

Lots of people claim PIP for mental health but it's not about  diagnosis, it's how those conditions affect you daily. You can't compare 2 people with PIP because every condition affects each person differently. Good luck.

debbiedo49

Lol thanks just asking 

on33y3dbob

Hello Billylynn4668. my doctor told me that the way the wca  works is if they give people zero points people either have to g to MR or if they don't want the fuss, then they just accept and go on jsa. my advice .Do you have a support worker, or go to citizens advice. and if you do MR ,send in all your letters again. I got zero in my wca, I am recovering from eye cancer and I am partially sighted and have a long list of other things. I was told .No health issues at all.my support worker went mad. let me know how you go on.  

Billylynn4668

Hi  33y3dbob thank you for the advice I have worked for he past 26 years with the same company till I couldn’t do it anymore because mainly the pain in my feet I phoned DWP today as I received the phone call on Monday  as no letter has  not arrive yet they said it was posted on Tuesday just need to wait and I do think I will need help with the appeal so I think I will need to go citizen advice take care and thanks for your advice I will let you know how I get on when I ask for MR
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