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Back on ESA
- Lyn
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13 years 7 months ago #54968 by Lyn
Back on ESA was created by Lyn
Hi again, I posted 3 weeks ago that I didn't think I would be able to continue working,I was on ESA for 12 months, then decided to try work part time, 6 weeks later I now know I'm just not fit to work, and so within the "linking Period" time scale have phoned ESA and said as such, they went through the usual questions with me, then said I would have to go on the assessment phase, even though I get Higher rate Mobility and Lower Rate care component.I also have to get a "Sick Note" from my doctor,I can't see him until 19th April, that was the 1st available apt.Doc has already written a letter to say that I am unfit for work back in December 2010, this is what helped me get DLA; My question is, will I have to go through the whole 13 weeks of assessments and work interviews?the lady on the phone seemed to think so...
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13 years 7 months ago #54971 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Back on ESA
Lyn
I am sorry to hear that your working has not been sustainable.
With regard to your ESA claim, I am afraid you are caught in a situation created by the DWP Decision Makers. There is a 12 week lining rule which is supposed to put you back onto ESA at the same rate as you were previously receiving, however, the DMs are not interpreting their guidance in this way, and are requiring everybody to go back through a full assessment.
As to the Fit Notes, even if the DWP had accepted your Doctors letter previously, the fact that you have worked in the interim, would negate it. Your Doctor can backdate a Fit Note, so there should be no problem getting coverage for the period you need, once you have seen him.
Gordon
I am sorry to hear that your working has not been sustainable.
With regard to your ESA claim, I am afraid you are caught in a situation created by the DWP Decision Makers. There is a 12 week lining rule which is supposed to put you back onto ESA at the same rate as you were previously receiving, however, the DMs are not interpreting their guidance in this way, and are requiring everybody to go back through a full assessment.
As to the Fit Notes, even if the DWP had accepted your Doctors letter previously, the fact that you have worked in the interim, would negate it. Your Doctor can backdate a Fit Note, so there should be no problem getting coverage for the period you need, once you have seen him.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Lyn
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13 years 7 months ago #55789 by Lyn
Replied by Lyn on topic Re:Back on ESA
So to continue with story....I got a "Fitness Note" from my doctor, he dated it for 3 months, So now my question would be "will this suffice for the period of processing my ESA claim within the linking period"? My doctor thinks it's ridiculous if I have to be re-assessed all over again, and quite frankly, so do I, after all, it all takes up government spending for no real or beneficial gain to the DWP. I sent with my "Fit note" my letter from the Tribunal with my DLA award, the letter my doctor had written for the Tribunal explaining my illness, and a cover letter from myself being very explicit about my medical condition, so what do you think? will I have to go for another Atos medical?
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