Esa
Posted , 5 users are following.
I've recently just received a letter to say I'm not to receive esa after my assessment which i find surprising i scored no points. I had a bad fall in work over 9 month ago and still have trouble working i posted about it at the time on here can't remember my username or find the thread though. Does anyone ever win the appeal on these things? It also says stuff on the report which i never said such as going to the pub which is a lie. What's the best way to go about it? On the phone they told me to apply for jsa while waiting on appeal surely that defeats the whole appeal of being on esa though?
0 likes, 26 replies
denise15811 david_51264
Posted
HI,
I'm sorry to hear this. ESA is about the work you can do and not the work you can't. When going for the assessments they'll assess you on your capability to do any type of work. You say you have trouble walking? But this won't stop you getting a sit down job. Yes i know that's harsh BUT this is the criteria for pne of the groups. To be put into the Support Group isn't about points, it's about one of the descriptors apply to you. Did you send in evidence to support your claim? Have you look at the criteria for the points? Were you expecting the WRAG or Support group?
What you need to do next is ask for a Mandatory Reconsideration (MR) ask for a copy of the assessment report if you haven't already done this. Then put your request in writing stating the reason why you disagree with the decision and where you think you should have score points. You need to score 15 points or more to have a limit capability for work (WRAG) and as i said the support group would depend on whether at least 1 of those Support Group descriptors apply to you, or regulation 29/35.
Most MR decisions remain the same with only 20% of people having a decision in their favour. Those that take it to Tribunal and appear in person have a 65% change of a decision in their favour. You MUST ask for the MR before you can take it to Tribunal.
So many people fail to understand what ESA is all about and find themselves being found fit for work.
As for JSA yes you'll have to claim this if you want money, so make a claim and THEN when you have your first appointment take a fit note with you (you can have extended sick for 13 weeks maximum) on JSA BUT you will still have to complete your job searches as this doesn't exclude you from these. If your MR decision remains the same once your Tribunal appeal has been accepted then you'll be able to go back onto assessment rate ESA.
It's a very very long process and there's no time scales i'm afraid. Hope i've explained it enough for you to understand. Good luck.
david_51264 denise15811
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denise15811 david_51264
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Nope, why would it? Plenty of people recieve PIP and work. They're completely different benefits.
david_51264 denise15811
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ok thanks I didn't really know this is the first time I have been on esa/pip etc
denise15811 david_51264
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There's also a disability premium that's paid on top of the JSA Income Related only which is £32.55 per week (single person rate). Please note *this premium is not paid if claiming Contribution based JSA.
denise15811
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denise15811
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david_51264 denise15811
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denise15811 david_51264
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Living with your mother wouldn't qualify you for the Severe Disability Premium of JSA unless your mother claimed either daily living PIP ir Mid high rate care DLA. You;re still entitled to the disability premium part of JSA when you do put your claim in though.
Guest david_51264
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david_51264 Guest
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I'm going to appeal it as I think I should definitely be on it its a joke. That's shocking
denise15811 Guest
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Tribunal Appeal success rate is no where near 80%. It's 65% success rate for those that appear in person. For paper based decisons the success is drastically reduced.
Pitipiti david_51264
Posted
David,
On the phone they told me to apply for jsa while waiting on appeal surely that defeats the whole appeal of being on esa though?
Yes it does and that's another way to get sick people off benefit. I do not know your circumstances but I have advised people not to put a claim for JSA but to go for a Mandatory Recommendation and go to appeal. If you put a claim for JSA it will be very difficult to get back to ESA because DWP would say you weren't that ill in the first place so it's all about believing and fighting your case.
I would also say please be aware people who have claim Job seekers and got a Fit Note form their GP has been refused by the DWP to put a claim for Job seekers allowance because they've been told they are too sick to work.
If you need help with your appeal please do not hesitate to ask. I sometimes attend PIP, ESA appeals the public can attend you just need to ask by writing a letter to the HM Courts and Tribunals Service. It has helped a lot of the benefit claims I've put through for people.
Hope this helps.
david_51264 Pitipiti
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denise15811 Pitipiti
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I'm sorry but yet again you've given very poor advice! If David claimed JSA and got a fit note from his GP just like he was doing while claiming assessment rate ESA then his sick would be extended for a further 13 weeks while waiting for the MR decision!
I'm sorry but i wouldn't want you advicing me if i was going through an appeal, with advice like that. If David doesn't claim JSA with a fit note while he waits for the MR what on earth is he supposed to live on?? MR's can take weeks.....
denise15811 david_51264
Posted
MR decision times vary with anything up to 8 weeks and sometimes longer totally depending on what area you live and the backlog. You say you struggle to walk any longer than 10 minutes but what you have to think about is how FAR can you actually walk? Suport Group isn't about the points like i said before it's about those descriptors (if it's the support group you want) obviously i'd say yes it was because WRAG money for you would be the same as JSA. Once of the support group descriptors is this...
1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid can reasonably be used.
Cannot either
(i) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion
or
(ii) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion.
You say you can walk for 10 minutes, which to me says longer than 50 metres because i beleive 50 metres is the length of a bus. Did you state anywhere on your forms that this is how far you can walk (10 minutes?) also can you provide evidence to support this descriptor? If you can then i'd say you have nothing to lose by asking for the MR bearing in mind that 80% of MR decisions remain the same. The likelyhood of you going to Tribunal is very high.
Claim JSA with a fit note is the way to go for sure because you can't live without money while your MR is taking place. Claim JSA with a fit note will NOT go against you in any Tribunal! Why would it when you're still claiming UNFIT for work.
denise15811 Pitipiti
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You say..
I would also say please be aware people who have claim Job seekers and got a Fit Note form their GP has been refused by the DWP to put a claim for Job seekers allowance because they've been told they are too sick to work.
Contradicting yourself and not making any sense, sorry. A person claims JSA because they've been found fit for work...correct because they need money to love on. Once the person goes to their first JSA appointment they take their fit/sick note with them which excuses them from signing on for the nest 13 weeks, while the MR takes place. Most MR decisions remain the same anyway, that's logical and figures actually show this. The person then takes it to Tribunal Appeal where the decision has NOTHING to do with DWP at all. It's then in the hands of the Tribunal who make a decision based on evidence and the claimant appear in person at their Tribunal. A person will not get found fit for work based on claiming JSA with a fit/sick note...
Pitipiti david_51264
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Firstly if you don't mind I would like to see or know how you've actually filled in your ESA50. If you have just received your dwp letter telling you how many points you've received and if you do not agree with it, you have one calendar month from the date of the decision letter was sent to you to ask for a Mandatory Recommendation if you are not sure how to write the MR letter I can help you with it.
I actually got for a claimant an MR letter with the reference number to appeal through just making a complaint to the DWP without asking for a Mandatory Recommendation. So if you haven't ask for an MR, I can write a complaint letter on your behalf but would need further information from you.
There is getting a sore leg which you've mentioned to having significant discomfort and exhaustion to mobilise more than 20 metres but less than 50 metres. It is not minutes it is how many metres you can walk and that could be indoors as well and not always outdoors. If you are having significant discomfort and exhaustion indoors that could score you 15 points.
By the way what ESA were you receiving? According to legislation it is acknowledged that not all ESA claimants will be eligible for JSA because they may not meet the conditions of entitlement." Hence! I've mentioned before the jobcentre would tell claimants who received a Fit Note from their GPs stating they are not Fit to work are told they cannot claim JSA.
Once dwp stop your ESA they should have advised you to your rights to a Mandatory Recommendation and appeal, and other benefits you may be entitled to claim but the problem is although the DWP reply in their letter that claimants are advised of "other benefits they may be entitled to claim." in reality they are only advised to claim JSA (or UC), no "other benefits" are even mentioned in their letters.
Please feel free to PM message me.
Pitipiti denise15811
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Contradicting yourself and not making any sense, sorry. A person claims JSA because they've been found fit for work...correct because they need money to love on
I know for a fact people have been told by the jobcentre assessors they cannot claim JSA because they are not fit for work once they introduced their GP's Fit Note. Another way to stop people form claiming any benefit.
By the way the DWP was supposed to let claimants know what else they can claim. Please read the relevant Legislation. Many people are having their benefits cut, mobility cars returned when they are very sick. Please don't tell me you do not know that DWP are trying their best to get very sick people off benefit.
I will ask you to please leave me alone and stop following my post. I shall continue to post to help others. I'm sorry to disappoint you.
denise15811 Pitipiti
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A fit note will not stop a person from claiming JSA! I also know that's a fact!
hypercat denise15811
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denise15811 hypercat
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denise15811 Pitipiti
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When are you going to stop??? I've had enough of YOU ranting at me. You've got nothing else to rant at me about on the other thread so now you've decided to have another rant at me on this thread!! Just leave me alone, otherwise i'll block you!
Pitipiti denise15811
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When are you going to stop??? I've had enough of YOU ranting at me. You've got nothing else to rant at me about on the other thread so now you've decided to have another rant at me on this thread!! Just leave me alone, otherwise i'll block you!
I'm sorry you just cannot go about and behaves the way you do to people and expect them to keep quiet I will defend myself if someone is telling me I am giving posters the wrong answer. Wouldn't you agree if that happened to you?
Guest Pitipiti
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