ESA Appeal

Hi, I recently went for an assessment for ESA. Following the assessment my ESA has been stopped and only received 6 points. I get DLA higher rate for both components and I don't understand how they made this decision. I have not been able to work for many years now due to ill health and in the recent years health has deteriorated further and continues.

What are my chances when I appeal, do they look at my DLA.

Hi and Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work

I'm sorry you are going through this

The criteria for ESA and PIP/DLA are very different. It is entirely possible for a claimant to be in receipt of high rate DLA/enhanced rate PIP and also work full time.

If you disagree with this decision, you must request a Mandatory Reconsideration before you will be allowed to appeal. The MR seldom does anything other than 'rubberstamp' the original decision although we have seen a few success stories.

Your DLA award will not be looked at. If there is anything in it that you believe might be helpful you should send a copy to DWP with the MR request. If you don't have a copy you can request it using a Subject Access Request but it would be unlikely to arrive in time for you to submit it with the MR request.

Requesting a Subject Access Request (SAR) :

SAR Form Download

From this page :

DWP Data Protection Policy

Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.

Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your PIP.

Write DPA 1998 SAR in front, top, left corner of envelope.

Once received, they have 40 calendar days to comply.

Sending Documents to the DWP.

I suggest you have a look at the ESA guide so that you understand the criteria against which you are being assessed. The guide also explains the MR process.

ESA claims and appeals

I'm afraid you will not be paid ESA during the MR process. If you need some money during this period your only option will be to claim JSA. If you wait until the claim has been accepted and then present a fitnote, you should not have to show that you are actively seeking work for up to 13 weeks. Once the Tribunal service notify DWP that your appeal has been accepted (this is supposing that your MR upholds the original decision), you can request payment of ESA at assessment rate again.

If you can manage without JSA during the MR process you should obtain fitnotes from the day after you were found fit to work. Keep them until your appeal has been accepted and DWP will backdate payment when your appeal has been accepted.

You might want to bookmark/favourite this on your web browser now so that you can find it easily in future. This will allow you to return with further questions or comments about your ESA claim without having to start a new topic each time. It helps us enormously when everything relating to the same claim is kept in one place - and I hope you will find it helpful too

Hi again

Does the assessment get recorded. When i went for the medical assesment nothing was mebtioned unlike on the phone there is a warning all calls are recorded.

Having received the report there was so much discrepancy. Things I hadn't agreed to and somethings i was talked into.

Please let me know.

I have my JSA interview on thursday 7th july should i take a fit note with me.

Please advise.

Kind regards.

Mumtaz

The assessments are not routinely recorded although, for ESA, they can be if the claimant requests it in advance.

Yes, take your fitnote with you but don't present it until your JSA claim has been accepted.

Hi
I've got my JSA appointment in a few mintues. am i going to be told today if my claim is accepted.

mumtaz

Hello Mrs Hurtyback

i am going to be sending my mandatory reconsideration along with GPs letter confirming not suitable for any kind of work and some past records of my health. also with the the appeal i am sending a letter to support my reconsideration by my relative who knows my situation and difficulties i face.
Should I write anything or just a covering letter with the above enclosed is fine.

Do i at at this stage point out my disagreements against the report made by the ATOS medical advisor.

Please help.

I look forward to hearing from you.

Mumtaz