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TOPIC: From support group DWP now say I am fit to work

From support group DWP now say I am fit to work 4 months 1 week ago #189147

I had a phone call from the DWP this morning. To say that although I have been in the support group, my ESA will be stopped today as my recent assessment found me fit for work.

My GP and CBT therapist both refused to submit medical evidence to back up my original claim and both said it's not practice to do this. Without letters from them I am not hopeful for the result of any reconsideration or appeal.

I cannot work due to chronic fatigue and poor concentration. If I was fit for work I definitely would be working! Is there any hope for me? I am completely unable to claim JSA as I can't complete forms let alone job applications.

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From support group DWP now say I am fit to work 4 months 1 week ago #189160

Pippa

I'm really sorry to hear this.

A lack of evidence will definitely be a hindrance but it does not mean that you cannot overturn the Decision, although you may have to go to appeal for this to happen.

How did you qualify for the SG last time?

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 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
The following user(s) said Thank You: Pippa

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