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ESA Contribution/ESA Support Group
- Belinda Scott
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7 years 11 months ago #158909 by Belinda Scott
ESA Contribution/ESA Support Group was created by Belinda Scott
I applied for ESA last July and got it straight away. I officially went off sick 8th December 2013 due to my long-term condition, polycystic kidney disease, kidney function 30%, small fiber neuropathy - pain in hands, feet and legs and depression. 3rd May 2016 I was assessed by a doctor. Today I found out that I am not entitled to ESA but to apply for Job seekers allowance. I was in a right state that I had to call my kidney advocate and she said she would ring ESA back. She rang back saying that she wasn't allowed to discuss this due to patient confidentiality. They then said I would be transferred over to JSA and on Friday for my interview with Job Centre. Last week I was told that I have been allowed to take my part-time pension, tier 2 due to ill health. I have asked them for a mandatory reconsideration but they say they have to do the appeal first. I wish I could go to work, I know that I am incapable of holding down any job.
Belinda
Belinda
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- Gordon
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7 years 11 months ago - 7 years 11 months ago #158911 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Contribution/ESA Support Group
B
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
First of all, you do not have to claim JSA unless you wish to but at this time you will not receive any other benefits, so if money is an issue then you should attend at your local JC+ on Friday.
I'm not sure what you mean by "do the appeal first", it sounds like the DWP are misinforming you, if you have received a Decision Letter telling you that you are Fit for Work then you are entitled to request a Mandatory Reconsideration now!
This needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA MR & Appeal guide for details of the process and template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/esa1
You should contact the DWP for a copy of the assessment report (ESA85), if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
First of all, you do not have to claim JSA unless you wish to but at this time you will not receive any other benefits, so if money is an issue then you should attend at your local JC+ on Friday.
I'm not sure what you mean by "do the appeal first", it sounds like the DWP are misinforming you, if you have received a Decision Letter telling you that you are Fit for Work then you are entitled to request a Mandatory Reconsideration now!
This needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA MR & Appeal guide for details of the process and template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/esa1
You should contact the DWP for a copy of the assessment report (ESA85), if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 11 months ago by Gordon.
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