Esa Fail

bro58 wrote:

mike wrote:

Thankyou for your reply catherine,i have seen the doctor today who said when i get the paperwork from Dwp to go and see him and he will give me a sick note. I asked the doctor if Dwp or Atos had contacted him and he said they had never contacted him about me or any anybody else (suprise,suprise).

A question to the mods,i think i need to ask the Dwp for a Es85,Es85a,could you please clarify if this is correct,thanks.

Michael.

Hi M,

As you had a face to face assessment, it would be an ESA85, there may also be an ESA85S add-on to the computer generated ESA85 and there could also be an ESA65, "written statement of reasons".

See info on ESA Forms here :

www.benefitsandwork.co.uk/forum?func=vie...mit=6&start=18#72594

If you are going to appeal you have 1 month from the date of the decision that will be on the letter when you receive it.

Do this on form GL24 which can be downloaded from this FAQ :

www.benefitsandwork.co.uk/forum?func=vie...id=10&id=70444#70446

You must also gain a Med Cert (sick note/fit note) off your G.P. whilst appealing, it would be advisable to make sure this Med Cert covers you from the date of non award of ESA, to ensure there is no break in your payment of benefit.

It may also be prudent to submit your appeal ASAP after receiving written confirmation of the decision, to avoid the same.

Have a look at the FAQ's on appealing from here :

www.benefitsandwork.co.uk/forum?func=vie...id=10&id=70444#70444

cheers

bro58

Hi M,

You may also like to enquire whether DWP/ATOS sent an ESA113 to your G.P., as from what you say here :


"I asked the doctor if Dwp or Atos had contacted him and he said they had never contacted him about me or any anybody else (suprise,suprise)."

They have not. !!!

I would want to know why not !!!, as your transfer from IB to ESA is classed as a supersession, the "burden of proof" is on the DWP DM to prove that on the "balance of probabilities" you are no longer entitled to ESA, an are therefore "fit to work".

Therefore they should have gathered evidence in the ESA113 from your G.P.

It may be worth gaining confirmation from your G.P. that there was no such request to fill in an ESA113.

cheers

bro58

Hi M,

Just a bit more info that may help.

If/When you appeal, you will receive an automatic reconsideration of your non award of ESA (Fit for work decision), by a different DWP DM.

If they have not already sent an ESA113 to your G.P. they may well do so at that stage.

You can have a look at the ESA113, here :

www.dwp.gov.uk/docs/esa113-interactive.pdf

You could maybe discuss the possibilty of your G.P. being sent an ESA113 with him, in preparation of this happening.

cheers

bro58