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Told I will no longer receive ESA

SystemSystem Posts: 195 Scope community team
This discussion was created from comments split from: ESA appeal question.

Replies

  • AlecAlec Posts: 1Member Listener
    Hi, was told yesterday by telephone call that I would no longer receive esa, had a meeting with them 2wks ago about my health as I have menierse,ostio arthritis in my knees, hands,shoulder and back been of work now for 10mnths. Was told although I have disabilities they believe I am able to do some kind of work and that they have over ruled my sick note from my doctor and have to claim jobseekers. I'm currently still employed and are having to call into see them today to see if I can come back to work as I don't know what else to do.
  • debkenzodebkenzo Posts: 100Member Chatterbox
    Hi Alec
    My name is Debbie.  Sorry to hear of what has happened to you.  Have you requested a Mandatory Reconsideration. If you do, then please try to get extra information about your conditions to send with your M.R.  
    Good luck and take care :)
  • tommtomm Posts: 151Member Talkative
    edited February 16
    Alec, Had you been in one of the 2  ESA groups prior to this, or was the" meeting" you had 2 weeks ago Your first F2F assessment  WCA ?

    Did you supply any evidence (Reports from specialists such as aorthopeadic surgeon, and from a ENT specialist consultant) of your conditions to the DWP or CHDA /Maxifarce?
    Evidence can be important especially when it illustrates what impact the diagnosed condition has on your day to day life, this is more so when having your case heard at a tribunal , If you can't work, i suggest that you request a Mandatory reconsideration from the DWP decision maker ,  you can do this verbally on the phone, or in writing  to the address that is on the esa correspondence from the dwp,  you wont be paid esa until  they have done the MR, if they don't change the decision, and in 80% of cases they don't  once you have recieved the Decision notice  from them  you can then make the application to HMCTS for a tribunal hearing  sending one of the two copies of that decision notice letter, and any further evidence with your completed and signed SSC1
     
    https://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=3038

    IMPORTANT : You only have 1 month from the date on your decision notice to request the MR  unless you can show good cause  for not doing so,  you should also request the ESA85 HCP's report from the WCA  and the LT54 DM's descion and score sheet which will show how they arrived at this decision

    If you need some form of income until ESA is payable again (After MR and appeal app is accepted by HMCTS) You maybe should claim JSA but negociate a relaxed claimant commitment with the work coach , if after you have recievedthe first payment of JSA and you really cannot cope with the hoops of JSA then you can with a new fit note of no longer than 13 weeks  claim EPS, extended period of sickness, though you still may have to sign on, and carry out some job searching activites to satisfy the regs for JSA they may do this via the phone,
    if your mobility is severely impared

    I have suffered with labyrinthitis in the past and have stage 4 OA changes in one knee and moderate changes in the other knee,  the only treatment is TKR i have a offloader knee brace which helps but it is limited  also have OA changes of one forefoot, and early onset of it in my hands thumb joint's and one wrist


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