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TOPIC: JSA no longer allowing 12wk fit note while waiting

JSA no longer allowing 12wk fit note while waiting 1 year 6 months ago #178836

Just an update. Have sent off the ESA mandatory reconsideration today extra extra special signed for. So they should receive it by 1pm tomorrow. Feel relieved have got to this stage and am fully expecting it to be rubber stamped and go to tribunal next. This has eaten up my mind, body and soul since I received that dreadful phone call saying I scored 0 points and everything stopped that day. Applying and complying with JSA is physically and mentally detrimental in every way but it's the only choice I have right now. Am going to ring DWP on Thursday to make sure they've received it as my cut off date is 21st January. How long does it take them to scan it all in to their system as I want to ring them again sometime next week to check they've done that too? I just want to be sure every step is accounted for on their part and mine. It's clear they're good at denying all knowledge of any such documents even being received. Ive taken a picture of the envelope at the post office with the correct signed for special delivery sticker on the front and have the proof of postage slip which Ive also taken a photo of too so it's in my phone should I need to prove anything.
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JSA no longer allowing 12wk fit note while waiting 1 year 4 months ago #185587

Well its been almost 10 weeks and had not heard a thing. My JSA job coach had enough as i have been struggling greatly with attending the job centre to sign on every 2 weeks. So she said she would message them Friday morning and they would have to ring me within 3 hours of her message. She also said she was going to add a note that the decision needs to be made asap as i was struggling with severe pain and attending offices. This i thought was lovely of her to do for me. I got the phone call Friday morning from an apologetic lady saying unfortunately my documents had been scanned onto their computer system but had not been pulled back off to be reviewed by a decision maker and that this was their fault. She said that this was now being done today and that it was being passed to the dispute resolution team for review and i would have a decision within 14 days. So technically by the 7th April a decision either way should be made.

My job coach has said she will do everything in her power to get me back on ESA one way or another as i was so clearly in need of it. I felt really down after the phone call as i thought they were just taking their time to make the decision as i had a good case and a good chance of MR resulting in ESA award again. Im currently having to deal with filling in my PIP form from a high rate indefinite award on both M and DL. Stressed is an understatement. So be wary people if your MR is taking ages as i was assured by job coach in the beginning it would be max 8 weeks. They wouldn't have done anything for god knows how long if my job coach hadn't intervened on my behalf. My job coach has been amazing and so supportive. Will update again when i receive the MR decision.

Ive not seen anywhere else on the forum that job coaches can do this or will do this but want everyone to know they can and it has progressed the situation for me now quickly. That is of course if they do stick to the 14 days. :lol:
The following user(s) said Thank You: Gordon

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JSA no longer allowing 12wk fit note while waiting 1 year 4 months ago #186874

Got the news yesterday my MR decision has stayed the same so now to appeal. Gutted but expected to be honest. I have been looking through your guides today and have some questions i need to ask you. My apologies for the large amount of questions but this has really knocked me again and for me knowledge is power.

1 - Should i send my own written appeal letter at all disputing what i need to as in your guide it says you don't have to. I wrote 6500 words letter disputing everything with my MR and based it upon the decision letter which had detailed reasons not the actual medical report as didn't have it. I know theres going to be additional points to dispute in medical report and should i go over all of it again or only the bits i didn't put in big MR letter. Id like to create a whole new own letter for sending in before tribunal and using your sample letters i think i can simplify it a lot as i do not want to be sending the tribunal service a 6500 worded letter as I'm pretty sure they be very annoyed. Id feel better being able to explain it all afresh in a well put letter. I’m requesting SAR on Monday by phone and letter which once received i would write the letter based on this. I noticed in your guide it says about taking evidence/letters on the day so very confused as to what to do for the best.

2 - If i do write a letter do i have to send it with the SSCS1 form or can i send it with all my additional evidence once i have received the big appeal bundle? Your guide says to write a simple selection of reasons why your appealing like the sample you give and then send everything else once I've received the big bundle. If this is the case do i need to put on the SSCS1 form i will be sending extra evidence and information as soon as i can? I want to send the form ASAP to get the appeal accepted so i can go back onto ESA and be done with JSA.
I will have a lot more medical evidence as I've got it coming this week to send in with my pip application. It will consist of everything to do with my disabilities and problems since 2010 which i can select any of use for sending to the tribunal. I only had one MRI report to send in with ESA MR so am hoping all the extra evidence will help me a lot.

3 - Il also have a PIP report but unsure if it would be wise to use this for tribunal. When i asked for my report for ESA MR my doctor wrote less than 25 meters as at the time i hadn't realised this has to be based on what you can do reliably etc. I thought it was the furthest you could walk practically dragging yourself along no matter how much bad pain you are in. Stupid me. So when i asked for my PIP report i stated i can only walk reliably etc a couple of meters before i am in severe significant pain, therefore definitely considerably less than the 20 meters required and realistically only a couple of meters. I am in constant significant pain before i even think about sitting upright, standing or walking. Walking causes me very severe pain. Will this help if i explain my mistake when applying for ESA and completing ESA MR and include my new PIP report to support this point further?

4 - in this letter do i put the date of decision I'm appealing as the very first date of the dwp decision after my medical 21/12/16or the date the MR decision was made 6/4/17?

5 - In your guide and in previous forum posts i have noticed its not advisable to ask your GP for a report by putting it in writing but by just an appointment. I wrote a letter asking for a report before i knew this. I clearly stated at the very beginning of the letter that i had had to write the letter slowly over a couple of weeks as my mental and physical health was in such a spin i could not have possibly remembered everything i needed to say in one appointment. I got an appointment where i was in a complete state of distress and crying uncontrollably and this is when i gave her the letter asking for the report and what it may need to include to explain my difficulties clearly. It was at this appointment she put me on anti depressants for the very first time because i was severely distressed. Although i clearly stated i couldn't have done anything else but write it down i am really worried now as this will have to be presented to the judge. I can clearly argue i was in a severe state of distress and this can be backed up by my GP and my daughter who came in the appointment with me. What are your thoughts on this please?

6 - The letter i wrote to my GP, am i right in thinking i don't need to include it in any evidence or letters sent into the tribunal before the date of the hearing but need to take it with me on the day incase they ask for it? Will they expect me to give it to them or do i wait to see if I'm asked for it first?

7 - I am concerned about using case law that may apply to me as all the ones i have looked at are mind boggling to say the least. I may do my case a lot more harm than good. Should i try to use some if i can?

8 - I know its possible that if i get a good appeal bundle of evidence etc into the tribunal service myself that there is a chance the DWP may change their decision before the hearing or that the judge may make a decision before i go into the hearing. Does this happen very often?

9 - Due to my significant mobility problems i have struggled with attending my JSA sign ons every 2 weeks. My job coach was fantastic and only asked me to come in every 2 weeks instead of weekly. There was on sign on i literally could not attend due to severe pain, nausea, depression etc, i emailed my job coach explaining in depth why i could not attend and i sent a picture of my job search book filled in. My job coach spoke to her manager and unbelievably they allowed my money to go through without signing and i didn't have to attend for another 2 weeks due to the severity of my symptoms. In my MR both myself and my GP stated regulations 29 and 35, would this well documented situation help me do you think? I could add the details, e mails etc in with my additional evidence and write about it in a letter also. Or would it go against me that i managed to attend the rest of them?

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JSA no longer allowing 12wk fit note while waiting 1 year 4 months ago #186930

Dollytrigger

To try and answer your questions.

1. The ESA Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a completed example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.

Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.

2. See above. Once the DWP have received notice of your appeal from the Tribunal Service you can contact them and ask to be put back on ESA at the Assessment rate until you have your hearing. You will need to provide Fit Notes to the DWP to enable the payment of the Assessment rate.

3. Yes you can use the PIP report but be aware that ESA is not a walking test, it is a Mobility test! In addition to your walking it considers your ability to self-propel a manual wheelchair over the same distances, you do not need to be using a wheelchair or even to own one for it to be considered. SO even if you can show your walking is restricted, unless you can also show that you cannot self-propel the wheelchair you will still not score points.

4. It's the date of the Decision that found you Fit for Work.

5. There's no issue with requesting your GP write a letter for you by you writing to them, we recommend that you do this face to face as it allows your GP to ask you questions about your problems. There is a potential issue if you have done more than simply make a request for a letter. If for example you have included details of your problems then this can be considered as putting words in their mouth and could result in their letter be excluded from any appeal.

If you have not done this then it should not be a problem.

6. Any evidence that you want the panel to look at must be submitted to the Tribunal Service, you can attach this letter to your own submission when you send it in. Your papers must be with the TS no later than seven days before the hearing.

7. If you don't fully understand any Case Law that you are reading then I would not use it.

8. It's rare, for the DWP it Is most likely to happen in the week before the hearing, if it is the panel then it will be the day of the hearing.

9. It can't hurt, but be aware that some Work Related Activity can be done by the claimant from their home, so you would need additional evidence for Regulation 35.

Gordon

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JSA no longer allowing 12wk fit note while waiting 1 year 4 months ago #187211

Have sent in the SSCS1 form and copy of Mandatory Reconsideration letter yesterday. As advised by your guide, i have added the part where i would like to go back onto ESA at the assessment phase whilst my Tribunal is being carried to.
1 - What news will i receive next?
2 - Will it be a letter from courts to say Tribunal accepted?
3 - Should i rely on them changing me back to ESA or ring DWP stating put tribunal request in and wish to be put back onto ESA at assessment phase?
4 - I want to start compiling my letter in advance and now have a copy of the HCP report and a copy of how the decision maker came to their decision on MR also. I was thinking of doing 1 respond to the areas where i can score extra points and then another one for their major errors. Their errors are substantial and i feel need to be addressed to help the judge build a better picture of the truth not HCP fairy tale. Do you think this will be a good way of going about it? My Mandatory Reconsideration ripped the decision letter reasons to pieces and the judge will see that in their papers from DWP to them when they submit their side of the argument too.

Have an appointment to sign on again next Thursday and am so done with this after 12 weeks of Mandatory Reconsideration hell. Want to get back on ESA ASAP. From my experiences so far i have literally had to chase them relentlessly about every little thing. Your help and guidance is very much appreciated.

I am positive i could now be officially diagnosed as suffering crippling emotional and physical fear of the postman and brown envelopes and a severe allergic reaction to all things PIP and ESA. I fear this new diagnosis may be spreading fast across the country too!!!,lol.

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JSA no longer allowing 12wk fit note while waiting 1 year 4 months ago #187245

Dollytrigger

The Tribunal Service will write to you and the DWP confirming your appeal has been accepted.

Once you have this, I would give it a couple of days to make it's way through the DWP internal mail system, then contact the DWP office dealing with your claim and ask to be placed on the ESA Assessment rate while you wait for a hearing. You may need to close your JSA claim before they can do this, if you do then try and fit the closure around you pay days as it will take at least a week for the ESA to go back into payment.

I'm sorry if I am repeating myself but you will only receive an award by showing that you meet the criteria for one, so this must be your primary focus, I'm not saying to ignore the report but highlighting the issues in it won't score you the points you need, so it is something to do once you have explained why you meet the ESA Descriptors.

Gordon

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