Failed my medical assessment

Charleyb

Hello can I still get esa on the assessment stage as I want to appeal their decision as I am unable to work as I suffer immense physical pain

poppy123456

Hi,

You have given very little information so i looked back at your previous posts and see you were found fit work for failing to attend a work capability assessment. Your last thread suggest you were waiting for a hearing date, have you had your hearing yet?

See last thread here.

https://community.scope.org.uk/discussion/46984/appealing-esa#latest

As you were found fit for work for ESA did you claim Universal credit? Sorry but with such little information it's very difficult to give any advice.

Charleyb

No that was when I missed my interview I won that at my appeal now I went for an assessment and they found me fit for work when I am clearly not so now I’m waiting for them to reply to the mandatory reconsideration so I can appeal if they don’t change the decision will I be able to still get esa at the assessment stage if so how do I get it

poppy123456

Have you claimed Universal credit?

Charleyb

No

poppy123456

Most MR decisions remain the same. If this happens then once the Tribunal accept your appeal you'll be able to go back onto assessment rate of ESA but you'll need sick notes from your GP.

Charleyb

Ok thanks as that’s what I thought they stopped my esa from the 12/1/19 so I will have to get my fit note from that date right

poppy123456

That's correct yes. Be aware that the MR decision can take anything up to 8 weeks, sometimes longer. If that fails then you have to request the Tribunal and wait for them to accept it before you can go back onto ESA. It may not be a quick process.