Employment and Support Allowance (ESA)
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Esa report

Hi I originally claimed esa in 2013 due to breast cancer , never had a f2f until December 18 and last week I heard back that they have stopped my esa my issue is that although I’m clear of the cancer I have other health issues some of which I already had prior to filling out my last form but have gotten worse over time anyway I walked into the room sat in a chair , shifting around to relieve my aches as and when I needed to , answered all her questions and on leaving she asked me to step up on the little stool in front of the bed which I did placing my hands on the bed for support and then left . I received the call telling me I had no points and the esa would be stopped , I phoned the dwp and was told to put in a mr if I disagreed with the decision which I did but in hindsight I should have waited until I received a copy of the decision makers report as it has so many lies it’s hard to believe it actually refers to me . I quote as it’s written.. The physical examination found that Mrs Thayre : was able to when lying down lift straight her right leg normally and lift his left leg normally (seem to change sex there) also was able to crouch to floor and back up again , there are many more that it states I did during the examination all of which I did none of as was sitting in the chair , my main question is even though I’ve sent in a request for a mr it was done prior to my receiving the paperwork so am I able to send in a second letter outline everything I dispute . Thank you 

Replies

  • wilkowilko Member Posts: 2,327 Disability Gamechanger
    I would state that you request the MR and now have seen the errors and mistakes recorded in the report you wish to have these brought to the attention of then decision maker who made the official decision on my case after reading the submitted report from the ME  at my acessment.
  • Dotty123Dotty123 Member Posts: 492 Pioneering
    It’s a disgrace to us all they think we’re idiots why do they lie on review saying we did things when we didn’t there was list for points I got asked one question to lift arms I couldn’t good luck
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    Most MR decisions remain the same and receiving copy of the assessment report isn't vital at this stage. DWP won't be interested in any lies that were told in the report. What they'll want to know is what you disagree with, which group you think you should be placed into and your reasons why.

    Take a look at both descriptors for each of the groups here.



    If you were claiming income related ESA and have now claimed Universal credit then you won't be able to go back onto ESA. Hopefully you haven't claimed UC.

    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.
  • fudgecakesfudgecakes Member Posts: 2 Listener
    thank you not yet was told to but decided I’d wait and see what happens just going to be extremely tight financially as only have child benefit and child tax credit for two children that I have custody of coming in and of course housing /council tax benefit has been suspended for now 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    As i said most MR decisions remain the same. If this happens, once the Tribunal accept your appeal you'll be able to go back onto assessment rate for ESA but you'll need fit notes from your GP and they'll need to be back dated to the date you were found fit for work, otherwise they won't back date your money. It can take several weeks to get to this stage, depending on how long DWP take to make a decision on the MR.

    If you claim UC all your existing benefits will transfer across and there's also at least a 5 week wait for your first payment.

    For your council tax reduction and housing benefit then you need to contact your local council and ask them for a nil income form, tell them that you were claiming ESA and have been found fit for work. Your housing benefit will continue.
    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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