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ESA mandatory reconsideration advice
- Justmehere
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7 years 8 months ago #165302 by Justmehere
ESA mandatory reconsideration advice was created by Justmehere
Hello
My first time posting. Firstly, a big thank you. The advice from the guides has been invaluable.
I had my ESA assessment and scored 0 points. I will now be asking for this to be reconsidered.
1. I did not use the guides for the initial form and now I can't remember everything that I put on the form. Will this be a problem?
2. In terms of the evidence that I need to gather, how much weight is given to the evidence from friends and family? Also should I ask all relevant health professionals now or contact a few and do the rest of the work later if I need to go to tribunal?
3. I do not need the money right now, and I'm confused as to what to do now. Do I sign onto JSA and then provide sick notes for up to 13 weeks? Or do I just get the sick notes for the MR period and then the ESA will be backdated once and if this goes to tribunal?
4. If a person has anxiety which means they need to be near or use a bathroom frequently then does that score any points? I was not sure how this is interpreted.
Thanks for your time.
Have a good day.
My first time posting. Firstly, a big thank you. The advice from the guides has been invaluable.
I had my ESA assessment and scored 0 points. I will now be asking for this to be reconsidered.
1. I did not use the guides for the initial form and now I can't remember everything that I put on the form. Will this be a problem?
2. In terms of the evidence that I need to gather, how much weight is given to the evidence from friends and family? Also should I ask all relevant health professionals now or contact a few and do the rest of the work later if I need to go to tribunal?
3. I do not need the money right now, and I'm confused as to what to do now. Do I sign onto JSA and then provide sick notes for up to 13 weeks? Or do I just get the sick notes for the MR period and then the ESA will be backdated once and if this goes to tribunal?
4. If a person has anxiety which means they need to be near or use a bathroom frequently then does that score any points? I was not sure how this is interpreted.
Thanks for your time.
Have a good day.
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- Gordon
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7 years 8 months ago - 7 years 8 months ago #165342 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA mandatory reconsideration advice
Justmehere
1. Did yo not keep a copy of the form?
It may be an issue if you contradict what you wrote on the form with the information you now submit and are unable to explain why.
You can ask the DWP to send you a copy of your ESA50.
Have you asked for a copy of the ESA86 assessment report, if not then phone the DWP.
2. Letters from friends and family will be looked at but won't carry much weight at MR they are more likely to be considered at appeal.
I would not wait to contact your health professionals, there is no advantage in holding anything back for an appeal, your aim is to get the right result as quickly as possible.
3. You do not have to claim JSA if you do not need to, if you do then you can present a Fit Note after the claim is accepted and be excused from Job Searching for up to 13 weeks.
If you do not claim JSA then you should keep your Fit Notes which must cover you from the day after you were found Fit for Work, you can then claim the ESA Assessment rate if you make an appeal/
4. I'm afraid not, you can only score points for ESA where the underlying cause for a physical problem is a physical one so your anxiety would not be considered although I would still mention it to give a broader picture of your problems. The same applies to the mental health issue where he underlying cause must be a mental health one.
Gordon
1. Did yo not keep a copy of the form?
It may be an issue if you contradict what you wrote on the form with the information you now submit and are unable to explain why.
You can ask the DWP to send you a copy of your ESA50.
Have you asked for a copy of the ESA86 assessment report, if not then phone the DWP.
2. Letters from friends and family will be looked at but won't carry much weight at MR they are more likely to be considered at appeal.
I would not wait to contact your health professionals, there is no advantage in holding anything back for an appeal, your aim is to get the right result as quickly as possible.
3. You do not have to claim JSA if you do not need to, if you do then you can present a Fit Note after the claim is accepted and be excused from Job Searching for up to 13 weeks.
If you do not claim JSA then you should keep your Fit Notes which must cover you from the day after you were found Fit for Work, you can then claim the ESA Assessment rate if you make an appeal/
4. I'm afraid not, you can only score points for ESA where the underlying cause for a physical problem is a physical one so your anxiety would not be considered although I would still mention it to give a broader picture of your problems. The same applies to the mental health issue where he underlying cause must be a mental health one.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 8 months ago by Gordon.
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- Justmehere
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7 years 8 months ago #165424 by Justmehere
Replied by Justmehere on topic ESA mandatory reconsideration advice
Hello
Thanks for your very helpful advice.
1. I understand that I was entitled to free dental costs. I don't plan to sign on for jsa, but rather keep fit notes for this period. What is my current status in terms of getting this help during this MR period.
2. My housing has been automatically suspended due to a change in circumstances. I also need to update them, and do I just tell them I'm getting nothin while there is a MR period.
3. Are there any template letters for getting evidence from health professionals.
Have a good day.
Kind regards
Thanks for your very helpful advice.
1. I understand that I was entitled to free dental costs. I don't plan to sign on for jsa, but rather keep fit notes for this period. What is my current status in terms of getting this help during this MR period.
2. My housing has been automatically suspended due to a change in circumstances. I also need to update them, and do I just tell them I'm getting nothin while there is a MR period.
3. Are there any template letters for getting evidence from health professionals.
Have a good day.
Kind regards
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- Gordon
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7 years 8 months ago #165449 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA mandatory reconsideration advice
Justmehere
1. As you are not receiving a qualifying benefit you currently have no entitlement, if you submit an appeal and receive Income Related ESA as the assessment rate then you would be entitled again.
2. Yes, you can make a nil income claim for Housing Benefit.
3. I'm afraid not, I would encourage you to speak to your doctors first to ensure that they understand your situation and to ensure that they provide a letter that is of use. A letter that says that you are unfit for work is not worth anything, you need them to explain why you meet the ESA Descriptors.
Gordon
1. As you are not receiving a qualifying benefit you currently have no entitlement, if you submit an appeal and receive Income Related ESA as the assessment rate then you would be entitled again.
2. Yes, you can make a nil income claim for Housing Benefit.
3. I'm afraid not, I would encourage you to speak to your doctors first to ensure that they understand your situation and to ensure that they provide a letter that is of use. A letter that says that you are unfit for work is not worth anything, you need them to explain why you meet the ESA Descriptors.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Justmehere
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7 years 8 months ago #165497 by Justmehere
Replied by Justmehere on topic ESA mandatory reconsideration advice
Thanks for all the advice.
Just for anyone else reading this I believe you can apply for help with health costs if you are on a low income. I might ask for a receipt and then claim back once my position is clearer.
Have a good evening.
Kind regards
Just for anyone else reading this I believe you can apply for help with health costs if you are on a low income. I might ask for a receipt and then claim back once my position is clearer.
Have a good evening.
Kind regards
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7 years 8 months ago #165501 by slugsta
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Replied by slugsta on topic ESA mandatory reconsideration advice
Hi JMH,
Yes, you can also claim help with prescription costs etc on the grounds of low income. Getting a receipt will be a good move.
Yes, you can also claim help with prescription costs etc on the grounds of low income. Getting a receipt will be a good move.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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