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ESA Stopped

I went for an ESA assessment on the 14th December and today received a phone call to say it's been stopped as scored zero points. I'm so shocked as felt all was well. The assessor seemed friendly and sympathetic even saying aww that looks sore when looking at my elbows. I have OA in both knees , feet, hands, wrists, and elbows. Also DDD in back. I had told assessor about the pain I'm in every day and how my life is controlled by it so I'm baffled by this decision. I've now got to go through the process of changing my benefit to J.S.A and go for a interview at the job centre and make a mandatory reconsideration when I get their letter. 
Feel so low and stressed about it all why do they do this to people. Surely if your in chronic pain they can't do this to people. Has anyone got any advice please I feel like I can't cope
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Comments

  • Dotty123
    Dotty123 Member Posts: 492 Pioneering
    Hold on in and go tribunal fight it they have been awful this year and many have struggled starved homeless if you can tribunal next good luck 
  • poppy123456
    poppy123456 Member Posts: 28,503 Disability Gamechanger
    Hi,

    You won't be able to claim JSA unless you were either claiming the severe disability premium in with the ESA or you were claiming Contributions based ESA. If none of these apply then you won't be able to claim Income Related JSA because all areas are now a full universal credit area and it will be this you'll be asked to claim. If you claim UC then you won't be able to go back onto assessment rate for ESA.

    Your next step is to request the MR and you need to do this within 1 month of the date of the decision. Good luck.
  • audigirl
    audigirl Member Posts: 46 Connected
    Pls help my ESA has been stopped im waiting to receive my assesors report to go ahead with a MR tho im not getting any hopes up as iv heard only 84%get it back nd i never have gd luck on my side i shall be going to my gp for a new medical report to send in with MR 
    the thing is i have repeat prescribtion for depression etc how do i go on with regards to getting it i wont be able to pay as iv no money now what do i do i need the depressants or i could end up taking my life 
  • Dotty123
    Dotty123 Member Posts: 492 Pioneering
    You get low income form from chemist and send it off or as I am just signing back 
  • poppy123456
    poppy123456 Member Posts: 28,503 Disability Gamechanger
    Hi,

    For the MR request you have 1 month from the date of the decision and you should put this in writing stating what you disagree with, which group you think you should be placed into and your reasons why. Sending in any relevant evidence you have to support your claim. Only 17% of MR decisions are successful so you'll most likely have to take it to Tribunal.

    If you claim Universal credit in the meantime you won't be able to go back onto ESA.

    For the free prescriptions see this link for the low income scheme. https://www.nhsbsa.nhs.uk/nhs-low-income-scheme

  • audigirl
    audigirl Member Posts: 46 Connected
    Thankyou for the advice poppy123456
  • poppy123456
    poppy123456 Member Posts: 28,503 Disability Gamechanger
    You're welcome.
  • jarvo40
    jarvo40 Member Posts: 32 Connected
    Hi there just thought I’d give you all some hope through these tough times..April last year had a medical assessment scored zero points despite being in the support group and both elements of pip I have degenerative illnesses I.e osteoarthritis rheumatoid arthritis.type 2 diabetes and diabetic neuropathy in both hands and feet also got turned down on the mandatory reconsideration even though produced lots more evidence  I refused to go on jsa  because that was admitting I could work.got a letter saying I had the right to a tribunal.. so I contacted a solicitor I thought I’m going to fight this injustice with legal action.. I found out even if I won I would not be reimbursed my fees which were £720 to prepare the case and £480 if I wanted representation on the day.. so I instructed him to represent myself..so he gathered all my medical records and presented my case to the dwp with a covering letter which absolutely ripped apart esa assessment to many to explain but he assessed the medical examiner (nurse) as incompetent.. the one thing I did find out when I read my medical evidence the dwp had written to my doctor in June to say he was not helping me to find some kind of work by signing fit notes saying I was unfit to work(unbelievable) solicitor told me that was normal.. onto the day of the tribunal (7 months later) appeal 15.00 get a call at 11am saying no need to attend from my solicitor because the medical evidence was overwhelming in my favour so now back in the support group recommendation from tribunal no assessment for 24 months..would that have happened without a lawyer??i don’t think so..I know not everyone can afford a solicitor and I’m fortunate it just gives you all some hope that you can beat this corrupt government the dwp..good luck to everyone..
  • audigirl
    audigirl Member Posts: 46 Connected
    Hi jarvo 
    well done that made me smile so dont know what you thought after your news
    its true these so called assesors are robots im sure im currently in a back log of many other people waiting for my assesment papers then applying for a MR i kno il not get it becos its very slim chance so il be off to a tribunal but i will need some help sorting the tribunal out iv got drs like you who dnt want to help me but im going to give em my best shot 
    anyway glad you got to were you are and showed the dwp what you think to them 
  • janejr
    janejr Member Posts: 144 Pioneering
    Thanks poppy123456 and jarva I was in receipt of SDP and in support group. I only had four days notice of my assessment so didn't have time to prepare. Now I've had my assessment letter back and she recommends I get a job with a wheelchair to carry me around even though I've got osteoarthritis in hands wrists elbows. She also lied saying I'd only just had pain I both knees recently. I've had it 6years. She also said I get stinging and burning in knees but left out the chronic pain bit she also forgot me saying I'm back and forth to docs with pain that has me crying in the surgery. She stated I didn't appear to lean heavy on my walking stick. Erm think she forgot I'm in pain with my hands wrists and elbows and can't bear to much weight. I'm going to get a citizen's advice man to write me a letter then see doc next week for documents for MR. Feel sick knowing so many fail and have to go for appeal. jarvo40 I've got to go job centre next week they want me to sign on jsa to pay rent, my biggest fear is being homeless so I feel I'm forced to do it. My assessor wanted to know why I didn't go out more. Hands up all that just love going out when in chronic pain. 
  • Dotty123
    Dotty123 Member Posts: 492 Pioneering
    This is such a farce why stop rent and money that’s nothing to do with esa they just fail everyone let us suffer cig they can find me job with no hands or no falling down should be fun 
  • poppy123456
    poppy123456 Member Posts: 28,503 Disability Gamechanger
    As you were claiming SDP with your ESA you won't be able to claim UC. As for the homeless part, if you're claiming housing benefit then this won't happen. Ring your local council first thing tomorrow morning and ask them to send you a nil income form, when you receive this fill it out and return it to them. Your Housing benefit will continue to be paid while you wait for the MR decision, if you decide not to claim JSA.

    For your ESA MR...when they assess you for ESA as you're claiming for chronic pain and mobility issues then the descriptor you should be looking at for the Support Group is mobilising. For this, they also look at your ability to self propel a wheelchair, if they think you can reasonably do this, they will find you fit for work, which is exactly what they've done.

    For the MR letter you must concentrate on your mobilising (ability to walk) how far you can walk before being in pain and your ability not to be able to self propel a wheelchair and your reasons why. Tell them exactly how your conditions affect you, tell them all about a day in your life, what the pain is like, what happens when you walk, shower, when you do any of these what happens after? Do you need to lie down? maybe go to bed because the pain is so bad that you can't deal with the rest of the day? Tell them exactly how you're conditions affect you on a typical day.

    I know exactly what chronic pain is like because i suffer with it myself so i can relate to everything you're going through.

    If you have any evidence to support your claim, send it with the MR letter. Put as much effort in as possible.

    If the MR decision remains the same 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 for this until the Tribunal make a decision. If you decide not to claim JSA then the sick notes will need to be back dated to the date your ESA stopped, then you'll be backdated the assessment rate of ESA and the SDP.

    May i ask what PIP/DLA award you have?

    This link may help you find an advice centre near you for help. Please don't pay a solicitor to help you, there's advice agencies out there that will help you for free, including ones that will represent you. Welfare rights or a law centre will do this.

    Hope all of this helps. Good luck.



  • jarvo40
    jarvo40 Member Posts: 32 Connected
    Hi audigirl..it’s sad when you see all the injustice being dished out to people and I wish you all the best on your journey and please try to be strong with your convictions that your being unfairly treated..I think you misunderstood my doctor stood by me all the way also the mr is just another dwp department who employ the assessor so that’s why the turnover rate is so low but saying that I have had one go for me before guess it’s how they wake up that day.. I felt confident all through the ordeal because I was telling the truth but I must admit having my solicitor helped immensely..if you have any questions please ask it’s a long journey..good luck and stay positive ?
  • Dotty123
    Dotty123 Member Posts: 492 Pioneering
    Hi Jarvis 40 I had my assessment 3 ems ago last week I got letter saying to apply for severe disability do you no why they did this xxditty
  • jarvo40
    jarvo40 Member Posts: 32 Connected
    Hi janejr ..your case seems so similar to mine..I can’t use walking sticks because of the pain in my hands which results in poor balance issues.. where I might be able to advise you is the wheelchair issue.. my solicitor challenged the assessor who said I could walk 200m or propel myself that distance in a wheelchair by saying with what evidence did he have as I only had to walk 15m from waiting room to medical room and where did he provide a wheelchair to assess how far I could travel with my osteoarthritis in my hand also said did he go to my house to assess if I could even store a wheelchair.do you receive pip in any form? I do which kept me on esa plus sdp..if you need to go on jsa do it.. I’m just in a position I could go 5 weeks without payment but when you get a tribunal date switch back to esa you have that right plus you can have conditions put on your Jsa claim because of your medical conditions..poppy was right you can get housing benefit your job centre should of told you that..it’s an easy process and there helpfull people..you must do anything to survive this traumatic time but if your not up to it tell the job centre they do have a duty of care..like I said to audigirl mr is still the dwp assessing you will get a fairer chance with tribunal just take all your medical evidence..if you need to ask anything feel free to ask only coz I’ve been there.. be strong my friend 
  • poppy123456
    poppy123456 Member Posts: 28,503 Disability Gamechanger
    Dotty123 said:
    Hi Jarvis 40 I had my assessment 3 ems ago last week I got letter saying to apply for severe disability do you no why they did this xxditty
    Dotty, i explained this to you a couple of weeks ago. If you live alone, or with no other adults and no one claims carers allowance for looking after you. You claim either the daily living PIP or DLA mid/high rate care DLA then you're entitled to the severe disability premium on top of your ESA.

    Did you fill in the form and return it like i advised? If you did then it can take 3-4 weeks for a decision.
  • Dotty123
    Dotty123 Member Posts: 492 Pioneering
    Yes sent recorded delivery they got it Monday sorry bout asking again x
  • jarvo40
    jarvo40 Member Posts: 32 Connected
    Hi dotty.. poppy is right in what she is saying..be patient it will all work out in the end..good luck
  • Benistmonk
    Benistmonk Member Posts: 343 Pioneering
    janejr said:
    I went for an ESA assessment on the 14th December and today received a phone call to say it's been stopped as scored zero points. I'm so shocked as felt all was well. The assessor seemed friendly and sympathetic even saying aww that looks sore when looking at my elbows. I have OA in both knees , feet, hands, wrists, and elbows. Also DDD in back. I had told assessor about the pain I'm in every day and how my life is controlled by it so I'm baffled by this decision. I've now got to go through the process of changing my benefit to J.S.A and go for a interview at the job centre and make a mandatory reconsideration when I get their letter. 
    Feel so low and stressed about it all why do they do this to people. Surely if your in chronic pain they can't do this to people. Has anyone got any advice please I feel like I can't cope

    I'll keep it simple, do not claim a new benefit, it will screw everything up.

    1. ESA stopped after assessment.

    2. Ask for Mandatory Reconsideration. When you receive that letter, they might reverse the decision to stop ESA.

    If the decision remains unchanged, most likely outcome.

    3. Start an appeal using SSCS1 form, you can get it online.

    4. Tribunal receives your appeal, they will let you know in writing of this.

    5. Phone DWP when you have tribunal letter, give them the reference No off it.

    6. ESA will be paid at assessment rate pending appeal.

    The whole process takes around 5 weeks.

    Good luck.
  • janejr
    janejr Member Posts: 144 Pioneering
    Hi poppy123456 I get both elements of pip middle rate and full mobility. I'm seeing a man from citizen's advice this morning he is going to write my letter for MR. Jarvo40 I've got doc appointment next week and want to request x-rays to my hands wrists and elbows to confirm I can't propel a wheel chair (which is why I don't lean heavy on a stick as assessor pointed out) can I insist I want this done. My hand are visible deformed by OA but wrists and elbows of course you can't see. Tying to keep a calm head. I've been back and forth to docs with pain in the last six months not that they have been any help. Doc increased meds and sent me to group excessive class but was ridiculously to much and I never went back. Hope doc doesn't refuse me x-rays as that's my evidence

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