- Posts: 63
× Members
Failed ESA Medical. Reconsider or Appeal?
- YoursTruly
- Topic Author
- Offline
Less More
12 years 6 months ago - 12 years 6 months ago #89242 by YoursTruly
Failed ESA Medical. Reconsider or Appeal? was created by YoursTruly
Hello,
I am currently being reassessed for conversion to ESA from IB. Last week, I received a phone call and letter saying that I had been awarded zero points at my medical. I was told that I would need a sicknote from my GP if I wanted to appeal.
My GP, the only one in the practice who knows me and my condition, is shortly to go on annual leave. He is willing to support me, but I am afraid the date for an appeal might come through before he is back from leave.
Should I ask for a reconsideration, pointing out errors/misinterpretations in the medical report, thus extending the deadline, and then make a formal appeal?
I am worried sick, as my without IB/ESA, my income is effectively zero.
Many thanks.
I am currently being reassessed for conversion to ESA from IB. Last week, I received a phone call and letter saying that I had been awarded zero points at my medical. I was told that I would need a sicknote from my GP if I wanted to appeal.
My GP, the only one in the practice who knows me and my condition, is shortly to go on annual leave. He is willing to support me, but I am afraid the date for an appeal might come through before he is back from leave.
Should I ask for a reconsideration, pointing out errors/misinterpretations in the medical report, thus extending the deadline, and then make a formal appeal?
I am worried sick, as my without IB/ESA, my income is effectively zero.
Many thanks.
Last edit: 12 years 6 months ago by Gordon.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51288
12 years 6 months ago #89245 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Failed ESA Medical. Reconsider or Appeal?
YT
Unless your GP is planning to be on holday for the best part of a year, it is likely that they will be back before your appeal is heard
You have two choices, request a Reconsideration, a different DWP Decision Maker will look at the evidence, if they don't change the Decision, you can then appeal. You will not be paid while this process happens.
You can lodge an appeal, the DWP will first carry out a Reconsideration, as above. If the Decision is not changed your papers will be forwaded to the Tribunal Service for an hearing on your case. Once your appeal papers are received by the DWP, with a valid Fit Note, you will receive then receive the ESA Assessment rate.
Reconsiderations are currently taking around 3-4 months, appeals are then taking a furth 6-9 months to be heard.
Our ESA appeal guide is on the following link
www.benefitsandwork.co.uk/help-for-claimants/esa
You should also have a look at the following FAQs
How long do I have to appeal?
How to submit an appeal
Gordon
Unless your GP is planning to be on holday for the best part of a year, it is likely that they will be back before your appeal is heard
You have two choices, request a Reconsideration, a different DWP Decision Maker will look at the evidence, if they don't change the Decision, you can then appeal. You will not be paid while this process happens.
You can lodge an appeal, the DWP will first carry out a Reconsideration, as above. If the Decision is not changed your papers will be forwaded to the Tribunal Service for an hearing on your case. Once your appeal papers are received by the DWP, with a valid Fit Note, you will receive then receive the ESA Assessment rate.
Reconsiderations are currently taking around 3-4 months, appeals are then taking a furth 6-9 months to be heard.
Our ESA appeal guide is on the following link
www.benefitsandwork.co.uk/help-for-claimants/esa
You should also have a look at the following FAQs
How long do I have to appeal?
How to submit an appeal
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.
- slugsta
- Offline
Less More
- Posts: 9439
12 years 6 months ago - 12 years 6 months ago #89246 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Re:Failed ESA Medical. Reconsider or Appeal?
A reconsideration will be carried out automatically if you appeal. Your case would only be passed to the Tribunal Service if the recon is not in your favour.
With reconsiderations taking around 4 months and appeals about 9 months more, your GP wil have plenty of time to return from leave, there will be no need to slow things down by requesting a seperate recon first!
Sorry - x post with Gordon.
With reconsiderations taking around 4 months and appeals about 9 months more, your GP wil have plenty of time to return from leave, there will be no need to slow things down by requesting a seperate recon first!
Sorry - x post with Gordon.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 6 months ago by slugsta. Reason: x posted with Gordon
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David