Employment and Support Allowance (ESA)
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ESA stopped after assessment

 Hi I'm new here.I have been claiming ESA for over a year now but have only recently had my assessment, I received a phone call and following letter explaining that I had failed. I have what is believed to be
a neurological condition and I am still awaiting more tests to pinpoint a final diagnosis, I am in constant pain and walking or moving around is very difficult. when I received my written assessment results I was taken aback by how much was either not true or completely made up, at no point did the assessor examine my feet or even ask me to take my shoes and socks off but in the result letter
it is stated and goes into detail about quote 'Her left foot plantar reflex was abnormal with upward movement and/or splaying of the toes'
There are a few statements that are inconsistent with what was written down and what was said at the time.
Is the above enough to ask for a mandatory reconsideration? I have no money but wary of claiming U C as I am not fit for work, my doctor has signed me off work and I am seeing a neurologist as an out-patient.
any advice you may have I would much appreciate.
king regards

J.C.M

Replies

  • Dotty123Dotty123 Member Posts: 492 Pioneering
    Do not go on uc if you do you can’t go back on esa all the reviewers have lied on form and it’s disgusting they get away with it not everyone can fail it’s total **** they think they meet you for half hour and no you better than your dr you’ve new for years it’s surely against law for them lying don’t go on uc it cancels you getting on esa again ask for review or tribunal good luck
  • Dotty123Dotty123 Member Posts: 492 Pioneering
    Write to your mp explain your not happy and want her to help you  explain what’s happened and the things that are lies see if she can help 
  • jcmansjcmans Member Posts: 6 Listener
    Thank you for you help, it is a nightmare.
    sorry for the double posting, was having problems.
    J.C.M
  • Dotty123Dotty123 Member Posts: 492 Pioneering
    It’s disgusting and I’m sure should be complained about there treating everyone like idiots and even drs being called liars go for it what you got to lose x
  • wildlifewildlife Member Posts: 1,314 Pioneering
    My advice is to ring DWP to start the Mandatory Rconsideration process. You will then have to write a letter again stating it is an MR. I don't know what evidence you already have given to the assessment company but try and get more if you can. Your surgery admin dpt. will print out your medical records for recent visits to your Dr. and they also should have any letters from specialist appointments you've attended. You could mention in the letter the incorrect info. in your report but only to describe your disability and how it affects you. Explain you are having tests and will supply results as soon as you have them. However your claim is about how you were on the day of your assessment. Make reference to your evidence as you write so the Case Manager knows where to look to prove your case. If you want to complain about the assessment do that seperately by contacting the company who assessed you. In my experience however this is a very long process with no guarentee of success so I would concentrate on the claim and convincing DWP you have a right to ESA. Good Luck. 
  • jcmansjcmans Member Posts: 6 Listener
    Thank you for the advice, its a bit difficult getting my thoughts together so I appreciate everyones help.
    J.C.M
  • BenistmonkBenistmonk Member Posts: 343 Pioneering
    Good advice so far by all, do not I repeat, do not claim UC. That will end your ESA claim immediately and you will lose a lot of money if you claim UC.

    You can phone up for a MR, then you need to see your GP to get Fit for Work sick notes, you want them backdated to the date the DWP stopped your claim.

    You won't receive any money during the MR process, it takes about 5 or 6 weeks.

    When you get the results of the MR letter, you then fill in a SSCS1 appeal form and send it with the MR letter to the tribunal by Recorded Delivery.

    The tribunal will send you an acknowledgement letter when they receive your appeal. When you have that letter, phone the DWP to let them know you have appealed, give them the reference and your ESA will be paid from the date of the first Fit for Work sick note you sent it. 

    You can submit Fit for Work sick notes online now if you have a smart or iPhone by going to the gov website and taking a photo of it. Its done in seconds.
  • Dotty123Dotty123 Member Posts: 492 Pioneering
    If you get fit for work sick notes does that not mean your saying you can work sorry confused 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Dotty123 said:
    If you get fit for work sick notes does that not mean your saying you can work sorry confused 
    Fit notes are otherwise known as sick notes but they've changed the name...just to confuse everyone lol
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Dotty123Dotty123 Member Posts: 492 Pioneering
    Getting fit notes will that not make them why want one them 
  • Dotty123Dotty123 Member Posts: 492 Pioneering
    Typehows you doing tonight haven’t heard from you in while x your comment
  • BenistmonkBenistmonk Member Posts: 343 Pioneering
    Dotty, I thought you knew the government has officially declared us all fit for work when they changed the wording on the traditional sick note. The good news is, the Fit for Work notes have a box that must ticked by the GP next to the line that states "not fit for work" how did that get past the policy makers I wonder. :)
  • Dotty123Dotty123 Member Posts: 492 Pioneering
    I’ve Neva had sick note before sorry I don’t have clue you can keep me right xx
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Dotty123 said:
    I’ve Neva had sick note before sorry I don’t have clue you can keep me right xx
    You must have had a sick note before you were placed into a group for ESA, otherwise you wouldn't have been able to claim it.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • BenistmonkBenistmonk Member Posts: 343 Pioneering
    I think it is possible to get ESA without a sick note when migrated across from from older benefits, and the DM says, that's ok.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    When transferring from UC DWP will honour the award you had with ESA. If in the Support Group for ESA then it's LCWRA and WRAG is LCW under UC. It can take a few weeks for a case manager to transfer your details across from ESA to UC and place in the the relevant group for UC.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • BenistmonkBenistmonk Member Posts: 343 Pioneering
    edited February 2019
    UC, that is the part that is new to me, I have never claimed it. AIUI we will all be moved on to UC eventually, and from the sounds of it, its an awful benefit. People don't know how much they are being paid or when they will be paid. And those who are getting paid, say it is a lot less than they were getting on JSA, DLA, and ESA.

    The government had to put more money into UC a little while ago, 33 million I think, whatever that was about, sounds like they ran out of money.
     


  • Dotty123Dotty123 Member Posts: 492 Pioneering
    Why did I get isio what it for thank you 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Dotty123 said:
    Why did I get isio what it for thank you 
    Sorry but i'm not understanding what you're asking. I don't know what isio is, could you give some more information please.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Dotty123Dotty123 Member Posts: 492 Pioneering
    I got sent form saying may get more severe disability payment says is10
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Dotty123 said:
    I got sent form saying may get more severe disability payment says is10
    It will depend on your circumstances whether you qualify for this. You must live alone or be classed as living alone and no one must be claiming carers allowance for looking after you. Do any of these apply to you?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Dotty123Dotty123 Member Posts: 492 Pioneering
    I live alone no one claims anything for me or looks after me thank you poppy can I ask is it ok someone filling it in for me I can’t use hands 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited February 2019
    Anyone can fill a form out for you, but you'll need to sign the form yourself. The SDP is an extra £64.30 per week on top of your ESA and is back dated to the start of your PIP/DLA award, if the other criteria applied at the time.  You need to be claiming mid/high rate care DLA or PIP daily living.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Dotty123Dotty123 Member Posts: 492 Pioneering
    I get hi pip for care do I need say on form someone signed it thank you 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Unless they are your appointee then the only person that can sign it is you. They will only be able to fill out the form for you.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Dotty123Dotty123 Member Posts: 492 Pioneering
    Do I ring tell them I can’t sign or what 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    What do you normally do when signing forms? and please don't take offense by that because there's nothing meant by it at all. Only an appointee can sign forms on behalf of a claimant.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Dotty123Dotty123 Member Posts: 492 Pioneering
    Someone signs for me I have finger thumb I can put mark will that do my fone is stuck down so can just press buttons if an emergency no offence poppy 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Then i would just do what you always do when signing forms.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Dotty123Dotty123 Member Posts: 492 Pioneering
    Ok thank you 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You're welcome :)
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
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