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TOPIC: Had Esa stopped ,Mandatory Reconsideration advice

Had Esa stopped ,Mandatory Reconsideration advice 4 months 4 days ago #164852

Had my Esa stopped after Work Capability Assessment , i have Scoliosis and had a steel rod inserted in my spine at the age of 12, i now have severe problems sitting , walking and struggle with most physical activities, but not enough to score the 15 points. I was in my assessment for 55 mins sitting , standing, stretching legs , leaning to one side, and because i was in for 55mins i only recieved 6 points. I went home and was incapacitated for the next 2days spending most of the time bed bound but this was not taken in to consideration, they say i did it , but i suffer greatly afterwards, surely the consequences must be considered . Unsure of my next actions
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Had Esa stopped ,Mandatory Reconsideration advice 4 months 4 days ago #164855

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

Welcome to Benefits and Work

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

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Your next step, as you rightly said in your title, is to request a Mandatory Reconsideration. You don't have to include a lot of information initially, although you will need to show how and why you should have scored more points at some stage.

The MR process is explained in our ESA guide

ESA claims and appeals

and in the MR FAQs

MR FAQs

It will be helpful to get a copy of the assessor's report. This should be sent without any problem if you contact DWP and ask for the ESA85. However, don't delay in getting the MR request submitted in time, even if the report has not yet arrived.

There will be no ESA payments made during the MR process. If you need money to live on, your only option will be to sign on for JSA. You can do this without jeopardising your ESA claim and with a clear conscience as you have just been found 'fit for work'!

Once your JSA claim has been accepted you can submit a new fitnote for up to 13 weeks and this should excuse you from all job seeking activities. If you try and submit the fitnote sooner, your JSA claim will be refused.

If you do not need the money for the time being, get fitnotes from your GP from the day after your claim was closed and keep them. Once the Tribunal Service have accepted your claim (if things get that far), and notified DWP of the fact, payments will be backdated on receipt of the fitnotes.

Once you have the copy of the assessor's report you will have a better idea of why your claim failed. Please come back to us then and we will be able to give more specific advice.

May I suggest that you 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 without having to start a new topic each time. It helps us enormously when everything relating to the same claim is kept in one topic - and I hope you will find it useful too :)
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 4 months 4 days ago by Mrs Hurtyback.
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Had Esa stopped ,Mandatory Reconsideration advice 4 months 4 days ago #164862

Ok thankyou
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Had Esa stopped ,Mandatory Reconsideration advice 3 months 1 week ago #166629

Now had MR failure , they dismissed my claims , i am now going to appeal. I have a meeting with my Doctor on Friday i am unsure what to ask him to do , thinking of asking for a letter off him about my problems but think this will just say exactly the same as i have already told them , is there anything specific i can ask him for ?
Thanks
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Had Esa stopped ,Mandatory Reconsideration advice 3 months 1 week ago #166647

  • Gordon
  • OFFLINE
  • Forum Moderator
Dpn wrote:
Now had MR failure , they dismissed my claims , i am now going to appeal. I have a meeting with my Doctor on Friday i am unsure what to ask him to do , thinking of asking for a letter off him about my problems but think this will just say exactly the same as i have already told them , is there anything specific i can ask him for ?
Thanks

Ideally you want them to confirm in writing your limitations as stated on the ESA50, but you need to careful not to be seen as leading them. You could prepare a document with the ESA Descriptors, I would recommend removing the points and ask then to indicate which they believe that you meet and to comment on why this is the case.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Had Esa stopped ,Mandatory Reconsideration advice 3 months 1 week ago #166680

Do i need to ask for a sicknote, i aint applied for jsa , thanks
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Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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