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Failed ESA assessment

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  • shell73
    shell73 Community member Posts: 56 Connected
    I rang them this morning and asked for a reconsideration over the phone I read the links you sent and thought about which group I think I should be placed in and which discriptor I think I should of got points for I got 9points for not being able to cope on my own /go out without being with another person for support yet they are saying I'm fit enough for work I asked him does that mean I have to take my mum with me it contradicts it's self also other points in which I thought I should be awarded but when I said this to him he said this to him and that I receive enhanced mobility he said can I just put you on hold then came back on and said we will let you know by 18th Jan so I think that sounds promising .
  • poppy123456
    poppy123456 Community member Posts: 53,352 Disability Gamechanger
    You really should put your request in writing like i advised. It will be very easy for DWP to turn around and say you didn't request the MR. Putting it in writing will mean you have proof that you asked for it.

    For entry into the Support Group for mobilising they will take into consideration your ability to use a self propel wheelchair, so you need to think about that too.

    Only 18% of MR decisions are successful so the chances of the decision changing for you at this stage are very slim, most people have to take it to Tribunal.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • shell73
    shell73 Community member Posts: 56 Connected
    I can't go back on it now can I now I was just upset and couldn't get anyone to help with a letter and I just did it on impulse but he sounded like he agreed with me and put me on hold then said you have 9points which is good and he will send it for a decision so I hope it's not a mistake on my behalf and I don't have to start the awful process of appealing thank you 
  • poppy123456
    poppy123456 Community member Posts: 53,352 Disability Gamechanger
    It's not a mistake that you've requested the MR this way, it's just not the best way to request it. The person you spoke to is a just a DWP adviser and most likely doesn't know a thing about the ESA groups as they mostly read from a screen.

    Being placed into the Support Group isn't about scoring points, this is the WRAG. For the Support Group you need to satisfy at least one of the support group descriptors.

    I'd still advise you to put your request in writing, stating which group you think you should be put into and your reasons why. Include the evidence you have to support your claim with the letter.

    If the MR decision remains the same, providing you haven't started a claim for UC once the Tribunal accept your appeal you can go back onto assessment rate for ESA. You'll need sick notes from your GP and they will need to be backdated from the date you were found fit for work if you want to backdated all the money.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • shell73
    shell73 Community member Posts: 56 Connected
    The dwp have a sick not which last till 31st of February I sent in just before the decision so will that not cover it .
    Thanks
  • poppy123456
    poppy123456 Community member Posts: 53,352 Disability Gamechanger
    Most likely yes but you may have to remind them that you sent it, when the time comes.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • shell73
    shell73 Community member Posts: 56 Connected
    Ok thank you for your help ,
  • shell73
    shell73 Community member Posts: 56 Connected
    You was right the decision remained the same so I'm going to appeal it but this time go somewhere to help me .may I ask for a little information I haven't made a claim for UC so will and when will my payments for ESA restart do I ring them to tell them I have not claimed anything or does it automatically restart at assessment rate or is it if they allow the appeal thanks 
  • poppy123456
    poppy123456 Community member Posts: 53,352 Disability Gamechanger
    Yes, they mostly do.

    First you need to request the Tribunal by filling out the SSCS1 form and make sure you send the MR decision letter with the form, otherwise they will refuse your request. Once the Tribunal have accepted your appeal then you can go back onto assessment rate for ESA but you'll need to ring DWP, it doesn't automatically re-start.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • poppy123456
    poppy123456 Community member Posts: 53,352 Disability Gamechanger
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • shell73
    shell73 Community member Posts: 56 Connected
    Thank you I have posted the appeal form of today we'll I say I have but a gentleman from my local disability advice centre filled it in for me and he's posting it so I will ring them in about two weeks and ask if they can restart my ESA thanks for good information it's been really helpful ,
  • poppy123456
    poppy123456 Community member Posts: 53,352 Disability Gamechanger
    No problem. You won't be able to go back onto assessment rate for ESA until the Tribunal have accepted you request, this could take longer than 2 weeks.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • shell73
    shell73 Community member Posts: 56 Connected
    I'm sorry to be a nuisance but how long would you say to wait then ring them thanks
  • poppy123456
    poppy123456 Community member Posts: 53,352 Disability Gamechanger
    Once the Tribunal have accepted your appeal, your ESA should automatically re-start but this process can take a while, i have no idea how long exactly.

    If your ESA doesn't start in a month then ring DWP and give them your reference number that you'll receive from the Tribunal. You should hear back from HMCTS by then. Assessment rate ESA is £73.10 per week and will be back dated to the date it stopped. You'll need to send sick notes to cover this and continue to send them.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • shell73
    shell73 Community member Posts: 56 Connected
    Ok thank you 
  • shell73
    shell73 Community member Posts: 56 Connected
    I have received the letter from hmcts so it's been pretty quick I only sent it Monday so I'm going to ring ESA tomorrow glad it's been quick cause I don't know how I would of survived to be truthful just glad I didn't have to claim UC 
  • poppy123456
    poppy123456 Community member Posts: 53,352 Disability Gamechanger
    HMCTS are usually quite quick responding to the request. DWP should know that you've requested the Tribunal when you ring tomorrow. If they don't then give them your Tribunal reference number when you ask to be put back onto assessment rate. Also make sure you ask for your money to be back dated to the date it stopped, the last sick note you sent should cover you for this. If they ask for a sick note then tell them the last one you gave was dated to X a date., whichever date that was.

    Were you claiming the severe disability premium in with your ESA? I can't remember if you were. If you were then this is also paid on assessment rate.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • shell73
    shell73 Community member Posts: 56 Connected
    No I had just applied for it as didn't know I could get it and they said they needed prove I lived by myself but week later my ESA stopped so I am going to also ask about the sdp as I have a council tax award which says single supplement cause that's what ESA had asked me for but then this happened so I will see if they backdate it .
  • poppy123456
    poppy123456 Community member Posts: 53,352 Disability Gamechanger
    It will be backdated to the day your qualified. Don't let them tell you that it's not awarded on assessment rate because that's not correct. SDP is payable on any rate of ESA.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • shell73
    shell73 Community member Posts: 56 Connected
    Ok thank you for your help I will let you know what happens thanks 

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