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Denied ESA - few questions

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7 years 2 weeks ago #186419 by bicstar
Replied by bicstar on topic Denied ESA - few questions
Thanks again Gordon.
After checking my bank yesterday I have been paid one weeks worth of JSA.
Will check my bank again before my appointment Friday to see if another payment goes in and if so hand my fit note in. If not, should still be ok as is in payment now but, may play it by ear anyway.
And have done a couple of job searches to meet my claimant commitment, as expected nothing remotely that I would be able to manage though. Then again, only thing I was awarded points for, was that I had to have someone come with my everywhere so would like to know how I could get a job with that in mind anyway. Mind boggles.

Have also added physical descriptors to my MR. Wasnt going to as was already 3 pages long but, after reading through the decision letter again I realised that something I said at least 5 times about being in severe pain was completely omitted from the report back so needs to be stated and challenged.

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  • bro58
7 years 2 weeks ago #186477 by bro58
Replied by bro58 on topic Denied ESA - few questions

mt wrote: Thanks again Gordon.
After checking my bank yesterday I have been paid one weeks worth of JSA.
Will check my bank again before my appointment Friday to see if another payment goes in and if so hand my fit note in. If not, should still be ok as is in payment now but, may play it by ear anyway.
And have done a couple of job searches to meet my claimant commitment, as expected nothing remotely that I would be able to manage though. Then again, only thing I was awarded points for, was that I had to have someone come with my everywhere so would like to know how I could get a job with that in mind anyway. Mind boggles.

Have also added physical descriptors to my MR. Wasnt going to as was already 3 pages long but, after reading through the decision letter again I realised that something I said at least 5 times about being in severe pain was completely omitted from the report back so needs to be stated and challenged.


Hi mt,

Do please keep us updated ! :)

bro58

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6 years 8 months ago #195154 by bicstar
Replied by bicstar on topic Denied ESA - few questions
Update: Got my MR notice back and original decision was upheld so had to send off the SCSS1 form. Now I did ring CAB again and asked them about this, whether I needed to be referred back to Citizens Advice (who I rang originally and told me to contact CAB and at a certain stage it goes back to them).
CAB specifically told me to fill out the SCSS1 by myself if possible (so my friend helped me with this) and told me that ONCE I'd received the date for my tribunal to ring back and I'd get an appointment made and would have an application for a solicitor made. I did ask about Welfare Rights but, was told to do X, Y and Z.
So I've done what I was told to do, rang CAB again today now I have a date for the tribunal.......to be told they cant help me now I've got the date. What should have happened was I apparently should have had an appointment made with them to get the SSCS1 filled out, then referred back to welfare rights.
After some backwards and forwards of me getting distressed, and me pointing out I did what I was told and now you're telling me I was told the incorrect information, I'm told that no, it was correct, for the office you spoke to.
Apparently even after putting a local telephone number in, if my local CAB is closed or busy, calls get diverted to a nearby office. This I was not told at the time, nor any indication given that how appeals/tribunals are dealt with are dealt with differently.
So basically tough luck, have to go myself and welfare rights wont help as I have to be referred and I have a date now for it so they wont.
What the?????
So now I'm sat crying, angry and confused, not knowing what the hell to do. Am hoping, someone may have some advice on who else I could try, or if its worth ringing CAB back? (welfare rights are annoyingly only open 9-12 so cant even try them till tomorrow now).

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6 years 8 months ago #195175 by Gordon
Replied by Gordon on topic Denied ESA - few questions
mt

OK, so when is the date of your hearing?

You can submit testimony and evidence up to seven days before the hearing so there should be time for you to put something together for the hearing even if it is not as complete as it could be.

So you should have the DWP's submission which will include the assessment report if you did not previously request it.

You will win your tribunal by showing that you meet the criteria for an award, so a good place to start is to go through the ESA Claim guides, your ESA50 and the assessment report to understand why you did not score points and think about how you can address the issues raised to show that you should.

From your previous posts this was a reassessment, do you know how you qualified for ESA before? Are these reasons still relevant to your health as it was at the time the Decision was made?

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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6 years 8 months ago #195229 by bicstar
Replied by bicstar on topic Denied ESA - few questions
Its mid October.
Unfortunately I'm not sure what I scored points on previously to be found unable to work, although I will have a look through my paperwork and see if I can find anything that relates to the previous decision which upheld my claim. As yes, it is still the same health issues that prevent me from working.
With regards to medical evidence I'm not sure what I could provide as it's depression and anxiety that are my main health issues. Although I have had my medication changed several times since October last year, as it was clear that what I was on, was not working and I've also been referred to talking therapies. And my doctor has issued my fit notes since my ESA claim was denied, without issue.

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6 years 8 months ago #195230 by Gaddy
Replied by Gaddy on topic Denied ESA - few questions
Hi mt,

Having read your story wondered if giving MIND a call to see if they can offer support might be worth a try. My circumstances seem quite similar to yours as I also have mental health problems and scored 9 points for not being able to travel alone so also wondered how I would be expected to travel to and from a job- best not to apply logic maybe and just accept its bonkers!
I am using the excellent B&W guides to prepare for my appeal but am also hoping I will have representation from Mind though they are not able to confirm this yet. However they do have a benefits helpline in my area which is South London and would think they would offer a similar service through out the country. I have found their knowledge and reassurance really helpful and even if they cannot offer representation at this stage perhaps just speaking to someone may be of some help. With their guidance I won my appeal last time, having been given 0 points!

Anyway I wish you all the very best in preparing for the hearing and really hope it goes well for you.

Gaddy
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