ESA

had ESA medical on the 27th 8th 15 ,had letter back saying 0 points on the 9th 9th 15 ,but what is on the report is not what was said at the medical,the woman was trying to put words in my mouth at the medical ,and was only interested in my physical state and not my mental state ,feel as tho i have been totally steam rolled ,how does this go on ??

davo wrote: had ESA medical on the 27th 8th 15 ,had letter back saying 0 points on the 9th 9th 15 ,but what is on the report is not what was said at the medical,the woman was trying to put words in my mouth at the medical ,and was only interested in my physical state and not my mental state ,feel as tho i have been totally steam rolled ,how does this go on ??

Hi d,

Welcome to Benefits and Work

Unfortunately, you are not alone !!

Have a look at my response of today to another member who has just heard that they have been found "fit for work" : Here.

Please reply to this topic if you have any further queries and we will try to help further !

bro58

hi bro 58 ,thanks for the reply ,now they have stopped my ESA from the 9th 9th 15 ,they say claim JSA ,but my fit note runs till end of November,what do i do next?? its so confusing ,going to the C.A.B today and following your notes thanks will post again after

davo wrote: hi bro 58 ,thanks for the reply ,now they have stopped my ESA from the 9th 9th 15 ,they say claim JSA ,but my fit note runs till end of November,what do i do next?? its so confusing ,going to the C.A.B today and following your notes thanks will post again after

Hi d,

You clearly haven't read the post that I provided the links to in my original post above :

This Post tells you what to do regarding requesting a Mandatory Reconsideration (MR) of your fit for work decision.

You should obtain a fresh fit note from your G.P. to cover you from the date of your fit for work decision, as the fit for work decision cancels out your current fit note.

However, if you need to make a claim for JSA to obtain an income whilst the MR is ongoing, you should keep the fit notes safe, and only present them if your MR is unsuccessful and you appeal to the Tribunal Service. (TS)

Once the TS has accepted your appeal, you can then revert back to ESA and it is then that you should send ESA your fit notes.

You can sign on for JSA with reduced conditionality to your Jobseeker's Agreement !

However, if you try and give JSA a fit note whilst also claiming JSA, they will most probably refuse your claim.

Again, this is explained from a link that I have previously directed you to : Here.

It is difficult for Mods to help members if they do not read information from links that the Mods have posted for them.

N.B. Left click your mouse/pad on any blue writing/links to access the information.

bro58

just received my mandatory recon back , they have not changed there minds on the first decision , now have to go to a tribunal , the whole thing is not helping at all , near breaking point

davo wrote: just received my mandatory recon back , they have not changed there minds on the first decision , now have to go to a tribunal , the whole thing is not helping at all , near breaking point

Hi d,

Sorry to hear that your MR was unsuccessful !

I am afraid that MR success rates are pretty poor at this time.

You now have one month from the date of your MR Notice letter to appeal directly to The Tribunal Service. : (TS)

This process is covered from around Page 12 in our : ESA MR/Appeals Guidance.

Once the TS have accepted your appeal you should be able to revert back to ESA Assessment Rate as previously advised.

See also : MOJ Video of “mock” ESA Appeals Process and Tribunal

Good luck and please keep us updated.

bro58