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Taken Off ESA 0 Points

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7 years 6 months ago #170344 by elainep
Replied by elainep on topic Taken Off ESA 0 Points
My son went to a doctors appointment today only to find he was seeing a practitioner nurse. He explained his symptons had gotten worse after being told he was taken off ESA. The nurse told him that as she didn't know his case :( she could only give him a sick note for a week.
My question is as he has signed on JSA (although not been given a decision as yet) should he take this sick note into the job centre or wait until he sees his doctor which could be two weeks away?
I would be grateful for an early reply if possible. Thank you

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7 years 6 months ago #170345 by Gordon
Replied by Gordon on topic Taken Off ESA 0 Points

elie wrote: It is now 9 days since the DWP phoned and left a message for my son asking him to call back.
He phoned back the next day to be told he was being taken off ESA.
Still no letter from DWP.
He now has less than three weeks to put in a Mandatory Reconsideration!
Is this usual practise from DWP?
My son has phoned on a number of occasions only to be told to wait for the letter to arrive before asking for the Mandatory Reconsideration.
time is moving on and I am worried that he will run out of time.
Any suggestions?


Has the letter been produced?

The one month starts from the date of the letter so you may have more time than you think, but even if the time is restricted you only give to request the MR you can provide more detailed reasons once the request has been made,.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 6 months ago #170347 by Gordon
Replied by Gordon on topic Taken Off ESA 0 Points

elie wrote: Oh and I forgot to say, when he asked if a copy of the ESA85 form would be sent with his letter the DWP person he spoke to said she didn't know what that form was!


Did you explain it was the assessment report?

Gordon

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7 years 6 months ago #170348 by Gordon
Replied by Gordon on topic Taken Off ESA 0 Points

elie wrote: My son went to a doctors appointment today only to find he was seeing a practitioner nurse. He explained his symptons had gotten worse after being told he was taken off ESA. The nurse told him that as she didn't know his case :( she could only give him a sick note for a week.
My question is as he has signed on JSA (although not been given a decision as yet) should he take this sick note into the job centre or wait until he sees his doctor which could be two weeks away?
I would be grateful for an early reply if possible. Thank you


He should not present the Fit Note until his JSA claim has been accepted otherwise the JC+ is likely to refuse the claim. He needs to maintain an active Fit Note for the whole 13 weeks he is allowed, so needs to have a new one available for the day after the current one finishes otherwise he will be expect to fulfil his JSA obligations and risks his benefit being sanctioned or stopped if he does not.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 6 months ago #170349 by elainep
Replied by elainep on topic Taken Off ESA 0 Points
No letter has arrived today from the DWP regarding his ESA.
My son phoned again this morning and they said they would resend it. He asked for a reconsideration but they told him to wait until the letter arrived.
Should we write now to DWP and ask?
Yes my son did say the ESA85 was the assessment report. I really am at a loss as to how the DWP run their organisation.
Further to my latest post regarding him being given a Fit Note for a week. He asked the nurse if his Doctor had received a letter from the DWP asking about his conditions. He was told No No letter from DWP was received by his doctor!

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7 years 6 months ago #170350 by elainep
Replied by elainep on topic Taken Off ESA 0 Points
Thank you Gordon.

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