Login FormClose

Free ESA, PIP and DLA Updates

With over 140,000 subscribers our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare.   Get your free benefits updates now.

Professional Members

We support both claimants and professionals.  These are just some of the organisations who have subscribed to Benefits and Work:

  • Royal College of Nursing
  • Spinal Injuries Association
  • Chesterfield Law Centre
  • Coventry Mind
  • Birmingham Citizens Advice Bureau
  • Colchester Borough Council Welfare Rights

Read more

Welcome, Guest
Username: Password:

Remember me. Note: ticking this may affect members file download ability.
Members
  • Page:
  • 1

TOPIC: Trevor's Topic

MOD NEXT ON - Tuesday 2pm 2 weeks 3 days ago #187014

hello i was on esa for a year and had my second assessement on the 10th of march 2017 to which they scored me on zero and have taken me off esa and stop my money , i have no income what so ever, i suffer from depression and anxiety, i have also liver damage and suffer from asthma i have a bad left knee and right ankle . also i am homeless and have suicidal tendencies and a severe drinking problem. they told me to put in writing for the department of work and pension to look at it again but thought i would ask advice here first, i come to the end of my tether and all this is making me ill.
thank you.

Please Log in or Create an account to join the conversation.

MOD NEXT ON - Tuesday 2pm 2 weeks 3 days ago #187034

Trevor

I have had to move your message as you replied to an informational message from the Moderators!

I am really sorry to hear that you are in this situation.

You can claim JSA as a replacement benefit, once your claim has been accepted and is in payment then you can present a new Fit Note and be excused from your Claimant Commitment for up to 13 weeks. If you are in a Universal Credit area then I'm afraid the rules are different.

As to your ESA then the first stage to challenging a Decision is for you to request a Mandatory Reconsideration, 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, the ESA area also has 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

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
  • Page:
  • 1
Moderators: bro58GordonMrs Hurtyback
Time to create page: 1.471 seconds