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Suffer badly from Mental Health - had ESA Stopped
- sam63
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6 years 4 months ago #201612 by sam63
Suffer badly from Mental Health - had ESA Stopped was created by sam63
I've just been told yesterday my ESA was stopped after the DWP decision agter seeing them in august. Suffering from chronic depression, anxiety and panic attacks. I am now very lost, confused and worried. I'm finding it hard sleep, eat.. Not sure what to do???
I was assessed in september for my current state by a mental health consultant after the DWP meeting in august. He has referred me to special therapy - i'm waiting for it . I'm on lots of medication. I'm under the care of a mental health team too but not seen anyone since august because of my recent consultation.
I've been told to do the reconsideration. What can I claim. I've been a sufferer since 2007. So, I have no idea what to do
Please help.
I was assessed in september for my current state by a mental health consultant after the DWP meeting in august. He has referred me to special therapy - i'm waiting for it . I'm on lots of medication. I'm under the care of a mental health team too but not seen anyone since august because of my recent consultation.
I've been told to do the reconsideration. What can I claim. I've been a sufferer since 2007. So, I have no idea what to do
Please help.
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- Gordon
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6 years 4 months ago #201635 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Suffer badly from Mental Health - had ESA Stopped
Sam
At the moment the only benefits available to you are either JSA or Universal Credit depending on your postcode. If it is UC then I would recommend that you get face to face advice before making a claim as it may limit your options if you get your ESA re-instated.
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
At the moment the only benefits available to you are either JSA or Universal Credit depending on your postcode. If it is UC then I would recommend that you get face to face advice before making a claim as it may limit your options if you get your ESA re-instated.
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
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- sam63
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6 years 4 months ago #201666 by sam63
Replied by sam63 on topic Suffer badly from Mental Health - had ESA Stopped
Thanks Gordon
I've called them about doing the mandatory reconsideration. Calling them again regarding the esa85.
Also was told to best make a claim for JSA which I have - a 30-minute call which was stressful. They stated I have a meeting with an advisor on Friday 24th at 12pm. This has now got me further worried. Not knowing what to say or what to expect.
I am going to see my GP today to request a full up to date report for the reconsideration.
I am hoping to see my mental health team as well.
Any advice on what I need to send with the reconsideration will be helpful.
Very worried. Having heart palpitations from the stress. Very confused with all this - overwhelmed.
I've called them about doing the mandatory reconsideration. Calling them again regarding the esa85.
Also was told to best make a claim for JSA which I have - a 30-minute call which was stressful. They stated I have a meeting with an advisor on Friday 24th at 12pm. This has now got me further worried. Not knowing what to say or what to expect.
I am going to see my GP today to request a full up to date report for the reconsideration.
I am hoping to see my mental health team as well.
Any advice on what I need to send with the reconsideration will be helpful.
Very worried. Having heart palpitations from the stress. Very confused with all this - overwhelmed.
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- Gordon
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6 years 4 months ago #201691 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Suffer badly from Mental Health - had ESA Stopped
Sam
Once your JSA claim is in accepted and in payment then you can submit a new Fit Note and be excused from an Claimant Commitment for up to 13 weeks which should allow you to complete the MR process one way or the other.
Gordon
Once your JSA claim is in accepted and in payment then you can submit a new Fit Note and be excused from an Claimant Commitment for up to 13 weeks which should allow you to complete the MR process one way or the other.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- sam63
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6 years 4 months ago #201708 by sam63
Replied by sam63 on topic Suffer badly from Mental Health - had ESA Stopped
Hi Gordon,
Went to see my GP, she said she will draft a letter for me related to my condition and all the medication I am on - over 5 different kinds.
In your last message did you mean sick note and not fit note?
Because she said she will issue a sick note.
I am also hoping ot speak ot my mental health care team regarding a report/letter to for the MR.
I just need to know is there format for the response for the MR? e.g. layout, what to not write etc.
Thanks for your help so far.
Went to see my GP, she said she will draft a letter for me related to my condition and all the medication I am on - over 5 different kinds.
In your last message did you mean sick note and not fit note?
Because she said she will issue a sick note.
I am also hoping ot speak ot my mental health care team regarding a report/letter to for the MR.
I just need to know is there format for the response for the MR? e.g. layout, what to not write etc.
Thanks for your help so far.
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- Gordon
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6 years 4 months ago #201713 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Suffer badly from Mental Health - had ESA Stopped
Sam
Sick notes haven't been used for years, it's now a Fit Note.
if you have a look at my original post it includes information about requesting an MR
Gordon
Sick notes haven't been used for years, it's now a Fit Note.
if you have a look at my original post it includes information about requesting an MR
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
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