Contributions based ESA and fit notes

scape2020

I have applied for contributions based esa and have received my first payment. However, a friend has told me that if they think I can work at my assessment, even though I have a 3 month fit note, that they can then refuse my application. I was hoping that someone could tell me if this is correct. TIA!

thespiceman

Hello @scape2020   Please to meet you.

Thank you for joining and sharing.

I am one of the team Community Champions .  We guide, advise and support help members of our community.

Please may I suggest you speak to one of our team.

My friend @poppy123456 who has exceptional, expertise and knowledge.

In answering questions like this.

Please have tagged the lady right now. Be in touch soon.

Please any other questions or you need answers on anything please ask.

Please take care.

@thespiceman

poppy123456

Thanks @thespiceman for the tag,

HI and welcome @scape2020

A fit note doesn't automatically entitle you to limited capability for work. You will eventually be sent a work capability assessment. This will need to be filled in with all your information about how your conditions affect you. You need to send relevant evidence with the form to support your claim and you need to make sure you return it no later than the date stated in the letter.

A face to face assessment is most likely because most people have them. Once a decision is made, it will either be WRAG, Support Group or fit for work.

If you're found fit for work then your money will stop. If you're placed into the WRAG your money will stay the same but you will only receive it for 1 year because it's time limited. If you're not happy with the decision you'll have 1 month to request the Mandatory Reconsideration (MR)

If you're placed into the Support Group you'll receive extra money from the 14th week of your claim and you'll continue to receive it for as long as you remain in the Support Group.

Hope this helps.

scape2020

Thanks @thespiceman and @poppy123456 . Sorry for the delay but I've been unable to to answer. My biggest worry is that even though I am signed unfit for work, my condition is only managed by my Dr and physiotherapist so I don't have any evidence from a consultant etc so didn't send any in with my health assessment form. At the assessment could they just disagree with the Dr and say I'm fit for work and just stop my money? Thanks!

poppy123456

Unfortunately, your DR saying you aren't fit for work doesn't mean anything. This means that yes they can decide you're fit for work. Relevant evidence will be needed to support your claim because they rarely contact anyone for this.

scape2020

So does that mean because I have no paper evidence they'll likely find me fit for work? Sorry for being so pedantic but just don't know what I can do as I'm already being treated by Dr and physio but don't receive and reports. Thanks!

poppy123456

No, it doesn't mean this. When you receive the work capability assessment form you need to make sure you fill it in with as much information as possible: Take a look at he descriptors for both groups but mostly the Support Group descriptors because if placed into the group your payments will continue for as long as you remain in that group. Descriptors here https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors

If you're placed into the WRAG you will only receive payments for 1 year and then nothing after that except you NI credits towards your state pension will continue to be paid. Descriptors here https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1354-work-related-activity-group-descriptors

If none of those apply maybe exceptional circumstances do. Regulation 35 is the support group one, regulation 29 is WRAG. Explained here https://cpag.org.uk/welfare-rights/resources/article/making-exception

It may also be worth requesting your medical records to see if there's anything in there you can use as evidence. Do take a look through because it's pointless sending all your medical records if they aren't relevant to how your conditions affect you.

scape2020

Thanks @poppy123456 . I'm obviously receiving the lower rate of £73.10 at the minute I feel as though I daren't spend it because if they disagree with Dr and say I'm fit for work, they might ask for that back as well as stopping my money. I suppose I'll just have to be patient. Once again, many thanks!

poppy123456

You're welcome. They definitely won't ask you to repay back what you already received before the decision is made on your work capability assessment, if the worst happens and you're found fit for work.

scape2020

Great! Thanks Poppy, that's a relief!