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TOPIC: Declined ESA after WCA

Declined ESA after WCA 1 month 2 weeks ago #170933

Hi I found out yesterday I am not entitled to ESA After my WCA, and I have to claim JSA!! I am in receipt of PIP enhanced rate for care and mobility due to fibromyalgia, so am mystified how I scored less than 15 points?? I am a newly single parent after my husband was made to leave our family home due to a criminal investigation in January this year. Our 2 children aged 8 and 6 are very traumatised by the ordeal. My 8 year old's behaviour has become a real issue at home and school. Also I was hospitalised for 15 days during August with cellulitis and septis. My 8 and 6 year old where looked after by my 2 older children, who do not live with me and are from a previous marriage while i was in hospital, as Dad must only have supervised access to the children. I still have 2 small open wounds on my leg, remaining from cellulitus, that are being redressed twice weekly, I was attending counselling till they discharged me for not attending(but cancelling) an appointment when in hospital. I am suffering from depression anxiety and stress due to this year's events so far. And now this!! I have no child care as my older children both work full time. And no other family can help with child care! Plus my little ones have been through so much this year, I am worried sick about the impact me having to find work will have on them. Due to fibromyalgia I not worked for 8 years. I struggle so much with pain and exhaustion just looking after my children and keeping house ticking over.. just! I'll not be able to cope if I have to work and this could be cause for social services to question my ability to parent my children! My life would be worthless if I lost my children now too!
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Declined ESA after WCA 1 month 2 weeks ago #170968

Hi Donna 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

I'm sorry you are going through this :(

Are you planning to ask for a Mandatory Reconsideration (MR) of this decision and go to appeal if necessary? ESA cannot be paid during the MR process but the basic rate can be restarted once an appeal has been accepted by the Tribunal Service (I'm afraid you have to go through the MR first).

Once your JSA claim has been accepted you can submit a sick note for up to 13 weeks and be excused from job seeking activities during this time. This is usually long enough to get the MR done.

It will be helpful to get a copy of the assessor's report from DWP. You can request this over the phone but we always suggest you follow everything up in writing.

However, you only have 1 month (from the date on the decision letter) in which to submit your MR request, don't wait for the report to arrive if it would take you beyond this time frame. You don't have to give much information initially.

This is all explained in the ESA guide and the MR resources, I suggest you have a good read of them so that you understand firstly the criteria against which you have been assessed and secondly the MR process. The ESA mobility descriptor is very different from the PIP ones.

ESA claims and appeals

www.benefitsandwork.co.uk/employment-and...ory-reconsiderations

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 add questions and comments about your ESA along the way 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 useful too :)
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Declined ESA after WCA 1 month 2 weeks ago #171287

Hi I received my report today only to discover that at my WCA my assessor omitted the fact that all the things she asked 'can I do' I if I said I "could" but I would then be in a varying degree of pain and/or very tired! Also where asked to do certain actions I told her that repeating these actions over and over would not be an option as I would be in agony! So I was deeply distressed to discover I scored a resounding zero points!!! I do not know if It's even worth asking for a MR let alone appeal.. which would leave myself and my to children relying solely on tax credits, child benefit and my PIP as JSA is not an option for me or my already traumatised children.. devastated!!
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Declined ESA after WCA 1 month 2 weeks ago #171299

  • Gordon
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  • Forum Moderator
Donna

It has to be your choice to pursue the matter further but you won't be able to make a new claim for ESA unless you can show a deteriorated condition or a new one, likely to result in an award.

Mrs H has already covered requesting an MR in her post.

Whilst it is unlikely that an MR will result in the Decision being revised the success rate at appeal is significantly higher and you will have an opportunity to explain your problems again.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.

Declined ESA after WCA 4 days 16 hours ago #175217

Hi again
Sadly I found out that my MR has been declined also so appeal is my only route now, although I don't hold out much hope on that either. During my time on JSA I applied for some work from home jobs and have spoken about joining a team of ppl who sell online through social media so agreed to try it I haven't made any money yet but have been enjoying it.. I was only trialing it so didn't declare I 'was working' as it would have been such a nightmare having no money over Christmas. So now I m about to tell them I can no longer continue because I m appealing my ESA. Just a shame I ll stop this then return to ESA ON appeal, and possibly lose and end up nowhere! As I know very little about benefits I wonder if I continued to 'work' and don't make enough money where would I stand with regards to any other benefits for single parents to claim to top up wages? Tia x
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Declined ESA after WCA 4 days 16 hours ago #175222

  • Gordon
  • OFFLINE
  • Forum Moderator
Donna

Have a look at the ESA MR & Appeal guide, it has links to the SSCS1 form that you will need to complete and instructions on how to complete it, you don't need to go into detail at this time as to why you are appealing.

There is also a guide to Permitted Work in the ESA section, would this be a reasonable way of your continuing your employment. The appeal can only look at your conditions at the time of the Decision you are appealing, so this would not be a factor that would influence their Decision.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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