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ESA refused

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13 years 4 months ago #39745 by Lynne
ESA refused was created by Lynne
Hi,
After attending local jobcentre for medical and subsequently being told it could not take place due to the room being upstairs and me being unable to get out of the building quickly enough that it could not take place there, I then waited 3 weeks for an ATOS doctor to come to my home. She said she would recommend me being put in the support group but didn't hold much confidence this would be the case and yesterday I got a letter telling me I have been placed in the work related group, my benefits have been stopped.
I am in receipt of both high rate mobility and care and was given to understand that people who receive that don't have to have the medical but that certainly wasn't true in my case. I have 3 auto immune diseases, can barely walk, am continually in pain even with drugs supposed to relieve it. I am exhausted by the smallest activity, can't cook or do household chores, need help with eevry aspect of living on a day to day basis. I almost died in March and have been told by my specialist and doctors that I will never work again, I am a teacher, this was a huge blow and now to be told I cannot get any ESA it is devastating. Does this also mean that they will take away my DLA?
I will be appealing their decision.
Many thanks for any advice.

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  • pete17971
13 years 4 months ago - 13 years 4 months ago #39749 by pete17971
Replied by pete17971 on topic Re:ESA refused
Lynne wrote:

Hi,
After attending local jobcentre for medical and subsequently being told it could not take place due to the room being upstairs and me being unable to get out of the building quickly enough that it could not take place there, I then waited 3 weeks for an ATOS doctor to come to my home. She said she would recommend me being put in the support group but didn't hold much confidence this would be the case and yesterday I got a letter telling me I have been placed in the work related group, my benefits have been stopped.
I am in receipt of both high rate mobility and care and was given to understand that people who receive that don't have to have the medical but that certainly wasn't true in my case. I have 3 auto immune diseases, can barely walk, am continually in pain even with drugs supposed to relieve it. I am exhausted by the smallest activity, can't cook or do household chores, need help with eevry aspect of living on a day to day basis. I almost died in March and have been told by my specialist and doctors that I will never work again, I am a teacher, this was a huge blow and now to be told I cannot get any ESA it is devastating. Does this also mean that they will take away my DLA?
I will be appealing their decision.
Many thanks for any advice.



Hi,

Sorry to hear of your predicament.

Sadly being in receipt of High Rate DLA Care is not an exemption from a m edical under ESA (unlike under the older Incapacity Benefit).

You do have a right of appeal against being put into the WRAG instead of the support Group, however in order to appeal it would be very beneficial to obtain face to face advice from a Welfare Rights Adviser/CAB etc.

Before going though it would be helpful to ask the DWP for a copy of the Statement of Reasons and the medical report. This can then be shown to the adivser and a 'plan of attack' formed.

I am not sure why your payments have stopped? Where you claiming income Related ESA but have for example a working partner earning too much, or have the DWP given you a reason?

Aslo regarding your DLA, that is a seperate benefit paid for different reasons. Unless you are due a review (in wihch case the DWP may sometimes make reference to the ESA medical) that hopefully should be okay.

Pete
Last edit: 13 years 4 months ago by pete17971. Reason: add clarity

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