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knockedoff esa :(

  • carole
  • Topic Author
12 years 3 months ago #79483 by carole
knockedoff esa :( was created by carole
Hi
Just had phone call and paper work is in the post that I have been knoked off esa Having waited for 20 weeks in the assessment phase grrrrr....I have a condition that is chronic what on earth I scored 0 points at the medical?????? I can not walk more than 50f or very far even on a good day + all the other really bad stuff that goes with this condition..+ I have heart condition 3 bulging discs wtflip....I will be back!! ready for any tribunal but what benifits can I get now I have just had sick cert fron dr...not fit for work.. :woohoo:

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12 years 3 months ago #79485 by Gordon
Replied by Gordon on topic Re:knockedoff esa :(
carole

You are entitled to receive the ESA Assessment rate while you wait for an appeal, payment will be backdated to the Decision date, but will not be paid until the DWP have received your request and a Fit Note covering you from that date.

See the following FAQs

How long do I have to appeal?

How to submit an appeal

ESA medical – what forms to ask for?

Our ESA Appeal guide is on the following link

www.benefitsandwork.co.uk/help-for-claimants/esa

You might want to get advice or assistance with your appeal.

Where to get advice?

If you have any further questions, please reply to this thread.

Gordon

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

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  • bro58
12 years 3 months ago - 12 years 3 months ago #79487 by bro58
Replied by bro58 on topic Re:knockedoff esa :(
carole wrote:

Hi
Just had phone call and paper work is in the post that I have been knoked off esa Having waited for 20 weeks in the assessment phase grrrrr....I have a condition that is chronic what on earth I scored 0 points at the medical?????? I can not walk more than 50f or very far even on a good day + all the other really bad stuff that goes with this condition..+ I have heart condition 3 bulging discs wtflip....I will be back!! ready for any tribunal but what benifits can I get now I have just had sick cert fron dr...not fit for work.. :woohoo:


Hi C,

As you have been found "fit for work", you can either sign on for JSA, or appeal against the decision.

You have 1 month to appeal from the date of the letter that you should receive informing you of the decision.

You will have to do this by filling out and sending in a GL24 form, which can be downloaded from this page.

How to submit an appeal

You may also want to look at our recently updated ESA Appeals Guide Jan 2012, from here :

ESA Guides

You will also have to obtain a "fit note" from your G.P. to cover you from the date of your non entitlement of ESA.

Once you have submitted your GL24, and "Fit note" you should then be paid the Assessment Rate of ESA, until either the adverse decision is changed in your favour at automatic reconsideration stage, or if not then, right up until the time of the Tribunal decision.

This Assessment Rate of ESA is not repayable, no matter what the outcome, and you can not be compelled to attend WFI's whilst appealing a"fit for work " decision.

See also :

Qualifying for the WRAG

Qualifying for the Support Group

ESA medical – what forms to ask for?

ESA Forms

There is also a section on ESA and Appeals in our : FAQ’s

bro58

MOD EDIT : Posted same time as Gordon.
Last edit: 12 years 3 months ago by bro58.

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  • carole
  • Topic Author
12 years 3 months ago #79501 by carole
Replied by carole on topic Re:knockedoff esa :(
Hi im very confused ive just had a sick note from the dr he will not give me a fit note as clearly I am not fit for work ....
I am going back to see him tomorrow any advice as he says I am not fit ... :(
Ive also just had visit from mental health team as my dr warrants their visit .they also say i am not in any way fit ....

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12 years 3 months ago #79504 by Gordon
Replied by Gordon on topic Re:knockedoff esa :(
carole wrote:

Hi im very confused ive just had a sick note from the dr he will not give me a fit note as clearly I am not fit for work ....
I am going back to see him tomorrow any advice as he says I am not fit ... :(
Ive also just had visit from mental health team as my dr warrants their visit .they also say i am not in any way fit ....

This is an unfortunate situation that many claimants find themselves in.

The issue resolves around the general statement that you are not fit for work and the very specific requirements of the ESA descriptors.

The best advice I can give you is to have a look at our ESA Claim guides to see how you meet the descriptors.

Gordon

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

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  • bro58
12 years 3 months ago - 12 years 3 months ago #79505 by bro58
Replied by bro58 on topic Re:knockedoff esa :(
carole wrote:

Hi im very confused ive just had a sick note from the dr he will not give me a fit note as clearly I am not fit for work ....
I am going back to see him tomorrow any advice as he says I am not fit ... :(
Ive also just had visit from mental health team as my dr warrants their visit .they also say i am not in any way fit ....


Hi C,

Don't worry unduly.

The term "fit note" is a term that replaced "sick note", I understand how ambiguous this term is.

See this link :

www.direct.gov.uk/en/Employment/Employee...essabsence/DG_187161

The correct name for it is a MED CERT 3, or MED3.

bro58
Last edit: 12 years 3 months ago by bro58. Reason: MED3

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