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TOPIC: DWP stopped my ESA yesterday because I scored 0

DWP stopped my ESA yesterday because I scored 0 9 months 23 hours ago #184150

Hi

The DWP rang me yesterday to say I scored 0 in my capability to work assessment (which they cancelled twice, I pushed for the third appointment to get it out of the way).

I've been on ESA since 2012 and was diagnosed in 2014 with a personality disorder, and classed as having a severe disability. I was shocked as I'd been struggling for years with depression and anxiety.
Despite receiving the diagnosis, I received no help and I really pushed to get what I needed, even when I was in absolute crisis. The diagnosis made it harder for me to access any treatment on a low key level through things like the well-being service.

All treatment I have privately funded over the years. I have self referred but now I have given up trying.
The cuts to my benefits will mean I can't access treatment anyway, because I won't be able to afford transport. I use a swimming pool for showering too, as I'm homeless, so that won't be possible to do with the cuts to the benefit either.

I still have the disorder. But since the diagnosis (and no treatment) they now figure I'm fit for work.

I need help to shuffle through their 'appeal against their decision' process'.

Lastly, the capability to work form I sent to them in December, was no different to the one I completed in 2015, so I can only think they caught me out by questioning me in the interview, so the answers I gave them would have given them reason to cancel my ESA.

Feeling fed up and hopeless, as I don't need this fight right now. For the entire time I've been entitled to benefits, they never got the amounts right and the hassle just to get them with all the stressors, has been immense.

I'd be grateful for any feedback,

Esther

P.S. I used to own my own home and rented to people on benefits, but I can't rent privately, because apparently it's the mortgage companies that stipulate to landlords that they can't rent to risky DSS clientele, because the DWP never paid rent on time!

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DWP stopped my ESA yesterday because I scored 0 9 months 22 hours ago #184161

Hi and Welcome to the forum, you might want to have a look at the following FAQ which explains 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?

There is no need to make repeat posts. There will always be a delay before your message is made public as everything is read and approved by a moderator first. This can take a while, even when the forum is officially 'open', depending on how many mods are on-line and how busy we are. I will delete your duplicate so that everything is kept in one place for you.

I am sorry you are going through this :(

In order to get some income, the only benefit currently open to you is JSA. You can claim this as you have been found officially 'fit for work'. Once your claim has been accepted, present a new 'fitnote' from your GP and you should be excused job-seeking activities for the duration of the cert (up to 12 weeks).

The first step in challenging the ESA decision is to request a Mandatory Reconsideration. This process is explained in our ESA guide.

Do you know on what basis you were previously awarded ESA? If it was the 'exceptional circumstances' route, this has changed somewhat in the past few months.

It will be worth requesting a copy of the assessment report (ESA85 if you had a face2face, or ESA85a if you did not) as it can help show why you did not score points against the descriptors as you should have. DWP usually send these out on request.

If the assessor's report has not arrived, do not delay in getting your MR request submitted (DWP only have to accept this if they get it within one month of the date on the decision letter). You can tell them that you will send in more details when you have seen the report and they should allow you more time.

Come back to us when you have a better idea of why your claim failed and we will be able to give more detailed help.

Meanwhile, the ESA guide is your friend!

ESA claims and appeals

May I suggest that you bookmark/favourite this on your web browser now so that you can find it easily in future? This will allow you to return with further questions or comments about your ESA without having to start a new topic each time. We ask members to keep everything relating to the same claim in one topic as it helps us enormously - and I hope you will find it useful too :)

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: by Mrs Hurtyback.

DWP stopped my ESA yesterday because I scored 0 9 months 16 hours ago #184217

Thank you for your feedback.

I got a fit note (sick note) to take when I open a new JSA claim. I only have a score sheet for PIP that I was awarded, not anything relating to ESA, only the questionnaires.

I have 2 audio copies of both assessments from 2015 and 2017, so I'll go over those with a fine tooth comb and see where I may have lost points.
They said I needed '15', but scored '0'.

Thanks for the encouragement, I will look over the ESA guides this weekend.

Esther

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DWP stopped my ESA yesterday because I scored 0 9 months 15 hours ago #184226

Esther

You must not present the Fit Note at the same time as you make your claim for JSA as it will mean your claim will be rejected, wait until it is confirmed as being in payment.

Gordon

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

DWP stopped my ESA yesterday because I scored 0 8 months 4 weeks ago #184268

Hi Gordon

Thanks for the advice about the 'Fit Note'.
How confusing though, the DWP said that when I transition from ESA to JSA, I should attend the first interview, with a sick note, and ask for a mandatory reconsideration.

I have one for 2 weeks at the moment which starts from the day they stopped my ESA.
I feel nervous about it, can you explain any more about it?

Thanks

Esther

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DWP stopped my ESA yesterday because I scored 0 8 months 4 weeks ago #184270

Hi Gordon (sorry for the second post!)

The DWP said that when I transition to JSA to take the fit note...

If I started up a fresh JSA claim, without having been on ESA, I can imagine it would work out best not to present one, but this is a dispute as to whether I am fit for work (and I was already claiming ESA and had been assessed previously as 'unfit to work') so I think it's important I prove, with the help of a fit note, that I am still struggling with the symptoms, even from the date they decided to cancel my ESA.

I'd be really grateful for your thoughts!

Esther

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Moderators: bro58GordonMrs Hurtyback