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Looking for advice re failing ESA claim
- Nicole
- Topic Author
8 years 3 months ago #149103 by Nicole
Looking for advice re failing ESA claim was created by Nicole
I have been sick since June 2014. I applied for ESA but failed work capability assessment in Oct 2014 and was put on to JSA. I didn't know about appealing then and felt I had no other choice but to go on to JSA.
I continued to receive JSA but in September 2015 my health got worse and my GP signed me off with sick notes which were sent to the DWP for 13 weeks. After 13 weeks the DWP said I couldn't have JSA any more because I had a period of extended sickness and I must apply for ESA.
I applied at the start of Dec 2015 for ESA but by claim has been refused, mandatory reconsideration has been refused and I've now been advised to go to appeal. I now have had no benefits since the start of Dec 2015.
The reason I have been refused has been given as follows: I failed to gain 15 points at the ESA assessment in Oct 2014 and I have no evidence that my medical conditions have significantly worsened.
I have now provided evidence from my medical professionals that my conditions have got worse but the DWP say it is not enough. I am finding it incredibly hard to convince them that my conditions have got worse since the original assessment which was over 12 months ago.
Has anyone had this experience? Any advice would be welcome. Why am I not entitled to a new Assessment? Can I get any help anywhere with writing the Appeal text and where can I find a representative for the Appeal? Many thanks.
I continued to receive JSA but in September 2015 my health got worse and my GP signed me off with sick notes which were sent to the DWP for 13 weeks. After 13 weeks the DWP said I couldn't have JSA any more because I had a period of extended sickness and I must apply for ESA.
I applied at the start of Dec 2015 for ESA but by claim has been refused, mandatory reconsideration has been refused and I've now been advised to go to appeal. I now have had no benefits since the start of Dec 2015.
The reason I have been refused has been given as follows: I failed to gain 15 points at the ESA assessment in Oct 2014 and I have no evidence that my medical conditions have significantly worsened.
I have now provided evidence from my medical professionals that my conditions have got worse but the DWP say it is not enough. I am finding it incredibly hard to convince them that my conditions have got worse since the original assessment which was over 12 months ago.
Has anyone had this experience? Any advice would be welcome. Why am I not entitled to a new Assessment? Can I get any help anywhere with writing the Appeal text and where can I find a representative for the Appeal? Many thanks.
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- Gordon
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8 years 3 months ago #149118 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Looking for advice re failing ESA claim
Nicole
Based on my understanding of the law I believe the DWP are acting illegally, but this will not help you in the short term as you still would not be eligible for payment.
Last March the Government changed the law on new claims for ESA following a Fit for Work Decision, previously a repeat claim could be made immediately although payment would no be made until six months had elapsed or the claimant had attended a WCA, unless the claimant could show they were suffering from a new condition or a deteriorated condition
As a result of the change the "six moths" was removed and a Decision Maker can declare that any deterioration or even new condition is insufficient for an award and prevent payment.
However, this change only effects the payment of ESA, it does not prevent a claim being made and this is why I believe they are acting legally.
Even though payment is restricted you should be passed through for assessment and if successful at a WCA payment should be re-instated.
The following fact sheet has more information
www.cpag.org.uk/content/esa-repeat-claims-and-appeals
So, you need to contact the DWP again and ask to be assessed for your ESA claim.
If you can then I would get face to face advice as you may need the support of a trained advisor with doing this, do an internet search for "welfare advice" with your postcode, town or county.
Gordon
Based on my understanding of the law I believe the DWP are acting illegally, but this will not help you in the short term as you still would not be eligible for payment.
Last March the Government changed the law on new claims for ESA following a Fit for Work Decision, previously a repeat claim could be made immediately although payment would no be made until six months had elapsed or the claimant had attended a WCA, unless the claimant could show they were suffering from a new condition or a deteriorated condition
As a result of the change the "six moths" was removed and a Decision Maker can declare that any deterioration or even new condition is insufficient for an award and prevent payment.
However, this change only effects the payment of ESA, it does not prevent a claim being made and this is why I believe they are acting legally.
Even though payment is restricted you should be passed through for assessment and if successful at a WCA payment should be re-instated.
The following fact sheet has more information
www.cpag.org.uk/content/esa-repeat-claims-and-appeals
So, you need to contact the DWP again and ask to be assessed for your ESA claim.
If you can then I would get face to face advice as you may need the support of a trained advisor with doing this, do an internet search for "welfare advice" with your postcode, town or county.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Nicole
- Topic Author
8 years 3 months ago #149137 by Nicole
Replied by Nicole on topic Looking for advice re failing ESA claim
Hi Gordon, Thanks very much for the advice. Really struggling with finding a welfare rights advisor in Leicestershire county. Been to CAB last week but they couldn't help. There are advisors if you live in the city but I can't find anything for county residents. Can I ask if you would know any sources of help?
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- foss27
8 years 3 months ago #149166 by foss27
Replied by foss27 on topic Looking for advice re failing ESA claim
Hi
I have posted at the top of the forum posts page a link to turn2us who claim to give free advice nationwide.
Here is the link
Www.turn2us.org.uk
I have posted at the top of the forum posts page a link to turn2us who claim to give free advice nationwide.
Here is the link
Www.turn2us.org.uk
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