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My ESA REVIEW

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6 years 10 months ago #187809 by john hosken
My ESA REVIEW was created by john hosken
Hello Gorden
I need some help please i had an esa review on the 5 of April but i did not score any points
I give them all the info from me on what thay need i need to to get back on esa has i have just lost a friend but i was told to go back on job seekers but i can not cop with work not at moment should i go to my local C a B for them to help me i did go to my local GP last week and he would give my sick note.but i have been looking online that if i apply for appeal on my esa i will not get any money nore on job seekers so i dont no what to do to get sick note or not ?? i am going to the job center this comeing thursday the 27 to go over on job seekers so can you get back to on asap please i need no what to do from hear many thanks from john

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6 years 10 months ago #187830 by Gordon
Replied by Gordon on topic My ESA REVIEW
J

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?


I'm afraid the only benefit available to you at the moment is JSA so if you need the money then you have no choice. However, once you have made a claim for JSA and it has been accepted and is in payment then you can submit a new Fit Note and be excused from your Claimant Commitment for up to 13 weeks.

This should cover you while you wait for an MR to be completed, if this does not revise the Decision then you can appeal and once your request has been accepted by the DWP you can ask to have your ESA reinstated at the Assessment Rate until your hearing.

If you have not been awarded PIP or the award is not what you expected then you need to look at the next steps and whether you want to pursue them or not.

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 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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