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TOPIC: Failed ESA

Failed ESA 1 week 4 days ago #174958

Hi guys, I don't know where to start. May 2015 I underwent stabilisation surgery on my spine. May 2016 I filled in a LCW form and November I attended a medical. On Saturday I received a phone call to say I had failed the medical and received 0 points. Can I ask you all whilst waiting to fill in a mandatory reconsideration form can I claim JSA or will this harm my case? Can I also ask mobility is a huge problem for me, if I can claim JSA will I have to lie to say I'm fit for work? I received 16 points in my PIP medical and was awarded the high rate component in July. Please help
Many many thanks
Amanda. :(
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Failed ESA 1 week 4 days ago #175008

  • Gordon
  • NOW ONLINE
  • Forum Moderator
AE

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

My full name is showing, how can I stop it?


Yes you can claim JSA, you are legally Fit for Work but be aware that if you restrict your Job Search agreement too much they can refuse to accept your claim. Once your claim has been accepted (and not before) then you can present a new Fit Note and be excused from any Job Searching for up to 13 weeks.

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA MR & Appeal guide for details of the process, the ESA area also has template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/esa1

You should contact the DWP for a copy of the assessment report (ESA85) if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Failed ESA 1 week 4 days ago #175051

Read everything this site has to offer - I hadn't known about the 'observations' they make, the answers you've not provided, nor had realised they use terms like 'appear to'. So for instance, I 'looked thin but didn't appear underweight', I am anorexic.
I 'didn't appear out of breath' - I'd been sitting for 30 mins so go figure. Go through everything with a fine toothed comb and get help to do this. My 'report' is a long list which just repeats standard paragraphs they must just copy and paste. They want you to give up. Don't. Good luck.
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The following user(s) said Thank You: Amanda

Failed ESA 1 week 2 days ago #175262

Hi guys,
I received my letter of suspension of esa this morning and I was awarded 0 points saying I could walk 200 metres.As I said previously my mobility is my main issue. When I attended the medical I used my stick and husband (as I normally do) but in the assessment I received 0points. PIP awarded me 16points in August for mobility issues. Is ESA and PIP linked? Can I also ask you I take a lot of pain relief (morphine) does the assessment take into account medication taken and the affects they have.
I received 0points for going out alone. I told them I always have someone to go with me as I can't walk long distances.
My last question sorry,
I'm applying for MR and the doctor has given me a sick note can I take a photocopy of the sick note and include it in my letter to MR as I need to keep the original for extended sickness when I apply for JSA.
Many thanks for your help
Amanda
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Failed ESA 1 week 2 days ago #175289

Hi Amanda,

I have merged your 2 topics regarding your ESA as we ask members to keep everything about the same claim to one topic. You will find it easily in future if you bookmark/favourite it on your web browser now.

PIP and ESA have very different criteria. /the mobility descriptors are probably the ones that differ the most - PIP looks at walking but ESA also considers whether the assessor believes you would be able to self-propel a wheelchair. /this is explained in our ESA guide.

The 'going out' descriptor considers only mental health diagnoses.

You can send a copy of your fitnote with your MR request if you wish.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 1 week 2 days ago by Mrs Hurtyback.
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The following user(s) said Thank You: Amanda

Failed ESA 1 week 2 days ago #175293

  • Gordon
  • NOW ONLINE
  • Forum Moderator
Amanda

Unlike PIP, which is purely a walking test ESA a Mobility test! In addition to your walking it considers your ability to self-propel a manual wheelchair over the same distances, you do not need to be using a wheelchair or even to own one for it to be considered. SO even if you can show your walking is restricted, unless you can also show that you cannot self-propel the wheelchair you will still not score points.

I'm afraid ESA separates the physical activities (questions 1-10) from the mental health ones (11-17), you will not score points for the mental health test Going Out, if the underlying cause of your problems is a physical one, your walking.

You do not need to supply a Fit Note with your MR.

Make sure that your JSA claim is accepted before you present the Fit Note.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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The following user(s) said Thank You: Mrs Hurtyback, sia
Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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