Turned down for mandatory reconsideration for ESA — Scope | Disability forum
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Turned down for mandatory reconsideration for ESA

poppycock
poppycock Member Posts: 6 Listener
I’m 64 years old and sick and tired of fighting this system and getting nowhere!

Comments

  • Richard_Scope
    Richard_Scope Posts: 3,115

    Scope community team

    Good to meet you and welcome! I can seem like a never-ending battle, can't it?  What particular area of the system are you in contact with at the moment?

    Scope
    Specialist Information Officer and Cerebral Palsy Programme Lead

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  • steve51
    steve51 Member Posts: 7,154 Disability Gamechanger
    Hi @poppycock

    Good Morning & Welcome ??

    Please please let me know if I can help you fighting the system???
  • poppycock
    poppycock Member Posts: 6 Listener
    Hi Richard_Scope &steve51
    I have just been turned down on Mandatory Reconsideration for ESA Contributory. I have been on crutches because of two discs gone in my back, one is bulging and one has herniated causing problems with my spinal cord and sciatic nerve. I am on so many painkillers and awaiting spinal decompression and discectomy surgery.  I have muscle weakness causing me to stumble when I walk (hence the crutches.) I am in pain a lot of the time and sitting or standing in one position for any length of time is a no, no. I am unable to drive due to the large doses of morphine I take, plus the muscle weakness. The DWP have suggested I get a self propelled wheelchair to help with my mobility problems and basically go straight back to work! I am astounded that after reading up on this benefit which I thought would have been straightforward to claim as i have worked all my life and have all the N.I. contributions needed to claim for this benefit.  Silly me! I just don't know whether to continue to the next stage as I have read on here many people still waiting after more than a year. I receive my retirement pension in November 2019, but feel so angry that I have to live off my savings and my husbands income till then. Any help and advice would be greatly appreciated from anyone. I am such a novice in this area, but am astounded at some of the horror stories I have read on here. I consider myself fortunate that I am not in a desperate financial state, though we are not wealthy people, we have just been careful over the years.
  • poppycock
    poppycock Member Posts: 6 Listener
    This has all been going on for almost 1 year!

  • Richard_Scope
    Richard_Scope Posts: 3,115

    Scope community team

    I have moved your question to our ESA discussions. We'll try to help!

    Scope
    Specialist Information Officer and Cerebral Palsy Programme Lead

    'Concerned about another member's safety or wellbeing? Flag your concerns with us.

    Want to tell us about your experience in the community? Talk to our chatbot and let us know. 
  • poppycock
    poppycock Member Posts: 6 Listener
  • poppy123456
    poppy123456 Member Posts: 28,583 Disability Gamechanger
    Hi,

    If you mean you've been found fit for work after an assessment then your next step is a Mandatory Reconsideration (MR) and you have 28 days to request this.

    When assessing you for ESA and your fitness to work they look at the work you can do and not the work you can't do. Not being able to drive will not help your ESA claim, i'm afraid.

    They also look at your ability to use a self propel wheelchair and if they think you can manage this then they will find you fit for work, saying you can use a whleechair.

    For ESA not being able to mobilise isn't enough, you also have to prove you can't use the wheelchair.

    Working and paying your NI Contributions doesn't help your fitness to work either.

    I'd advise you to get further advice from welfare rights or a law centre.
  • poppycock
    poppycock Member Posts: 6 Listener
    poppy123456
    Thank you but I have also been turned down on the Mandatory Reconsideration. It looks like once I have had the operation and am fully fit for work I shall go back. Just so maddening that my doctor finds me not fit for work, but DWP employers find differently.
  • poppy123456
    poppy123456 Member Posts: 28,583 Disability Gamechanger
    Then it's the Tribunal next. Unfortunately a GP thinking you're not fit for work doesn't help you because DWP and a Tribunal will overrule this.
  • CockneyRebel
    CockneyRebel Member Posts: 5,216 Disability Gamechanger
    Have you thought about a claim for PIP ?
    If your condition has last for three months and is likely to continue for another nine then it might be worth taking the self test to see if you might qualify
    Be all you can be, make  every day count. Namaste
  • poppycock
    poppycock Member Posts: 6 Listener
    CockneyRebel
    Once I have had the operation then hopefully 6-12 weeks later I should be fit for work again. Roll on November 2019

    However I shall try the Tribunal and see what happens.

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