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ESA
- Firesprite
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6 years 7 months ago #197903 by Firesprite
ESA was created by Firesprite
I have received my decision letter after my work assessment in Marlebone, London on July 6th. From being in the Support Group they have awarded me 0 in every catagory, I have put in for the Mandatory Appeal which they tell me will take 2 or 3 weeks. In the meantime they suggest I claim JSA, which, because I have been on another benefit needs to be done over the phone. I have tried to get through 72 times since Thursday.
I was absolutely shocked when I received the decision. I have 4 bowel diseases which cause urgency and over the past 4 months have lost 14 kilos due to sickness and diarhhea. I also have mobility issues due to osteoarthritis and other bone issues. The decision maker decided that I was fit enough to work and that my employer should insure that I could use a wheelchair at work and them store it when I went home. The report written by the asssesser was equally bizarre, I thought I was reading about someone else. I received a call from DWP who just wanted to know why I thought the woman was a liar, I replied I did not believe she was a liar, but it was clear, by the fact my appointment was almost 2 hours late, that she was under pressure.
I am devestated, I am so ill Im now sufffering from malnutrition and have oedema in both feet and ankles due to not being able to maintain any fluids. What they have done is wicked. But today I will try again to get through to JSA, I have no other choice as they have closed my ESA claim down on the 19th. I am not hopeful of receiving good news re the Mandatory Appeal, as I know through B and W that it is a sham, I will then have no choice but to go to Tribunal, in the hope that I will get help there. Im 63, I will reach my pension date in Jan 2020, I wonder if that too had something to do with the decision. Thank you for reading, Im very low, I have not had one good nights rest in 4 months as the illness is relentless, day and night and the hospital are still unclear of what is causing the extra issues. I have an appointment in November.
I was absolutely shocked when I received the decision. I have 4 bowel diseases which cause urgency and over the past 4 months have lost 14 kilos due to sickness and diarhhea. I also have mobility issues due to osteoarthritis and other bone issues. The decision maker decided that I was fit enough to work and that my employer should insure that I could use a wheelchair at work and them store it when I went home. The report written by the asssesser was equally bizarre, I thought I was reading about someone else. I received a call from DWP who just wanted to know why I thought the woman was a liar, I replied I did not believe she was a liar, but it was clear, by the fact my appointment was almost 2 hours late, that she was under pressure.
I am devestated, I am so ill Im now sufffering from malnutrition and have oedema in both feet and ankles due to not being able to maintain any fluids. What they have done is wicked. But today I will try again to get through to JSA, I have no other choice as they have closed my ESA claim down on the 19th. I am not hopeful of receiving good news re the Mandatory Appeal, as I know through B and W that it is a sham, I will then have no choice but to go to Tribunal, in the hope that I will get help there. Im 63, I will reach my pension date in Jan 2020, I wonder if that too had something to do with the decision. Thank you for reading, Im very low, I have not had one good nights rest in 4 months as the illness is relentless, day and night and the hospital are still unclear of what is causing the extra issues. I have an appointment in November.
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6 years 7 months ago #197933 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA
Firesprite
You seem to have the MR in hand.
You mention two activities.
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.
The Continence activity has the most complicated set of requirements of all of the ESA activities, so I would recommend that you have a good read of the actual Descriptors to see what criteria you need to meet.
If you do claim JSA, then once your claim is accepted and in payment then you can present a new Fit Note and be excused from your Claimant Commitment for up to 13 weeks.
If you have to go on to appeal then you can claim the ESA Assessment rate once the DWP have received notification that your appeal has been accepted.
Gordon
You seem to have the MR in hand.
You mention two activities.
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.
The Continence activity has the most complicated set of requirements of all of the ESA activities, so I would recommend that you have a good read of the actual Descriptors to see what criteria you need to meet.
If you do claim JSA, then once your claim is accepted and in payment then you can present a new Fit Note and be excused from your Claimant Commitment for up to 13 weeks.
If you have to go on to appeal then you can claim the ESA Assessment rate once the DWP have received notification that your appeal has been accepted.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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