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TOPIC: ESA medical report - question

ESA medical report - question 7 years 1 week ago #13169

Hi

I got the copy of the medical report completed by the ATOS doctor today. I wont bore you with all the errors and inconsistencies in it.

So near the end he says: 'I advise that a return to work could be considered within 3 months'. He gave me 0 points and on that basis the decision maker refused my ESA.

So, again ignoring the fact that this conflicts with the medical advice of several other doctors, I have this question: If I am not fit to 'consider' returning to work now (as the ATOS doctor said within 3 months, not now), that must mean I'm not eligible to claim JSA as I can't be actively seeking work. So what am I mean to live off?

I'd be gratful for all advice, and I'm sorry if I sound bitter in this message, but its because I am.

Ginge
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Re:ESA medical report - question 7 years 1 week ago #13173

  • boris1
Jeff my advise is to lodge an appeal.
Tell DWP you want to attend an oral tribunal.
As part of that process they will have to reconsider their descision not to award you ESA and you're entitled to continue recieving ESA at the assesment rate untill the outcome.
Out of interest did you have to attend any WFI'S?
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Re:ESA medical report - question 7 years 1 week ago #13194

Hi Ginge,

You've highlighted one of the many bizarre aspects of ESA.

As Boris says, you can appeal the decision. Whilst doing so you can either continue to receive ESA at the assessment phase rate or apply for JSA and place restrictions related to your health on your jobseeking.

Good luck,

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