Employment and Support Allowance (ESA)
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Fit for work

 I have been diagnose with  stage 4  osteoarthritis in my spine,  and on burpenorphine  patches as am was in constant pain,.  Recently had a assement  with  universal credit,  but how can they decided whether you  have a disability   within 1 hour of meeting you.  But  my last assement  from Jan 2019,  I was under the  limited capacity  for work, and not a lot wrong with me,  but  this time round they say am fit for work , but I have a lot of problems  including osteoarthritis and frozen shoulder asthmatic and diabetes.  I don't get  hoiw they  make their decision.

Replies

  • deb74deb74 Member Posts: 754 Pioneering
    Hi @jollyjoe2065. I am not sure how they decide who gets the benefits. couple of years ago I had an operation on my right shoulder and went onto esa. A few months later I went for an assessment and was asked to raise my arms above my head and was told that I was no longer entitled to esa because I could raise my left arms above my head. I couldn't lift my right arm above elbow height but the assessor didn't seem to care. I know someone who had an operation on her foot and was on esa, she went to her assessment and had her esa taken off her even though she was still on crutches and could hardly walk.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
     I have been diagnose with  stage 4  osteoarthritis in my spine,  and on burpenorphine  patches as am was in constant pain,.  Recently had a assement  with  universal credit,  but how can they decided whether you  have a disability   within 1 hour of meeting you.  But  my last assement  from Jan 2019,  I was under the  limited capacity  for work, and not a lot wrong with me,  but  this time round they say am fit for work , but I have a lot of problems  including osteoarthritis and frozen shoulder asthmatic and diabetes.  I don't get  hoiw they  make their decision.

    HI and welcome,

    As you've been found fit for work then you have 1 month from the date of that decision to request the Mandatory reconsideration (MR) you should put this in writing stating which group you think you should be placed into and your reasons why. Do remember that the work capability assessment is about the work you can do and not the work you can't do and it's not about a diagnosis.

    My advice is to speak to an advice agency near you for help and support with the MR and Tribunal. Most MR decisions remain the same so it's very likely you'll have to take it to Tribunal.
    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.
  • jollyjoe2065jollyjoe2065 Member Posts: 7 Listener
    I have a  representer who writes out my letters, I have to wait for a letter from my doctor then I will be re applying .  
  • jollyjoe2065jollyjoe2065 Member Posts: 7 Listener
    I think they get brownie points , for everyone who don't  get accepted  just to save the DWP money
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited December 2019
    May i ask which ESA you were claiming? Was it New style ESA, the old Contributions based ESA or Income Related ESA?

    You can only re-apply under very certain circumstances and if you were claiming Income related ESA you can't reapply at all unless you were claiming the severe disability premium. All areas are now a full Universal credit area and it will be this you will need to claim, if you claim UC then you can't go back onto ESA.

    My advice is to request the Mandatory Reconsideration(MR) as i advised above.
    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.
  • jollyjoe2065jollyjoe2065 Member Posts: 7 Listener
    The job centre  sent me or a a assessment , think it thenneq style esa
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    If it is New style ESA then you won't be able to re-apply unless it's for a worsening of condition or it's for a new condition and you will also need to have paid the correct amount of NI Contributions in the previous 2 tax years.

    Whether you can claim Universal Credit will depend on your circumstances because it's a means tested benefit.
    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.
  • kevin52kevin52 Member Posts: 73 Courageous
    Request the Mandatory Reconsideration(MR), Get Money Matters To Help You With Things . They Are Good And Will Try There Best For You , I Like the Green And White Top :) No Sure About the Red One LoL :)
  • jollyjoe2065jollyjoe2065 Member Posts: 7 Listener
    Yeah I like the green and white top my Mrs likes the  red , so u can  imagine what for in my household  , when both play
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