As expected kicked off esa

As expected I was kicked off ESA after being awarded no points yet I get pip as I have mobility issues due to having Parkinson's since 2008/2009 and have been told by those nice people at the DWP I have to claim JSA .Of course I will it goes without saying unless I would rather starve , however I will certainly appeal because the so called "Health professional" is for want of a better word a lying jackass any thoughts ?

gary wrote: As expected I was kicked off ESA after being awarded no points yet I get pip as I have mobility issues due to having Parkinson's since 2008/2009 and have been told by those nice people at the DWP I have to claim JSA .Of course I will it goes without saying unless I would rather starve , however I will certainly appeal because the so called "Health professional" is for want of a better word a lying jackass any thoughts ?

Hi g,

Sorry to hear that !

You could ring up ESA and ask for a copy of The ESA85 Medical Report :

THE ESA PHONE NUMBER DWP : 0345 608 8545 Press Option 3 for ESA. (Open 8AM-6PM. Mon-Fri.)

If you have any problems getting it with a verbal request, you could make a written request (SAR)

There should also be an LT54 Form, which may contain useful information.

A description of an LT54 can be found at the bottom of this list :

ESA Forms

There may also be an ESA113 questionnaire, if one was sent to your G.P.

To cover all bases, you could make a SAR for "All" documentation used in coming to the fit for work decision.

You can do this using a SAR Form :

SAR Form Download

From this page :

DWP Data Protection Policy

Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.

Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your ESA.

Write DPA 1998 SAR in front, top, left corner of envelope.

Once received, they have 40 calendar days to comply.

Sending Documents to the DWP.

As A separate issue, you have one month from the date of your fit for work decision notice letter to make a written request for a Mandatory Reconsideration. (MR)

See our : ESA MR/Appeals Guidance. and our ESA Claims Guides 2nd & 3rd links down from the top of the same page.

&

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.


This Post includes information regarding claiming JSA whilst your MR is ongoing, and reverting back to ESA once your appeal is accepted if your MR is unsuccessful.

bro58