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ESA refused

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6 years 7 months ago #194908 by carole
ESA refused was created by carole
Hi folks, really not getting my head round this horrid process, I was getting esa till I did the face to face, scored 0 points despite having 3 consultant letters saying not fit. The nurse taking it was scarey, but not going into that, so now 0 points, money stopped, told to apply for JSA- end if communication. Couldn't sign on as still employed and had to wait till lying time/holiday pay period was over. I don't understand if I am now completely refused ESA as I see folk on work ESA etc. help this is a nightmare, ps still not fit to work either. did do mandatory reconsideration and was refused that as well.

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6 years 7 months ago #194935 by Gordon
Replied by Gordon on topic ESA refused
carole

The next stage is for you to appeal the Decision.

It may just be the terminology you have used in your post, but a letter that says that you are unfit for work is actually going to be of little value in regard your ESA claim. ESA has very specific criteria which the claimant needs to meet and you will need to show this as part of your appeal.

The ESA Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete 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.

If you have further questions then please reply to this post and we will do our best to help.

Gordon

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

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