Posted , 3 users are following.
I've been told I'm fit for work after a medical for ESA but I know I can keep getting sick notes from my surgeon. Im getting PIP so can't understand it. Can they legally take me off ESA if I receive sick notes? Also how can I get enough points on the PIP assessment but not the ESA one when they were only a week apart?
0 likes, 16 replies
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denise15811 lee15615
Posted
Hi Lee,
Yes i'm afraid they can. The reason they can do this is because PIP and ESA are 2 completely different benefits. With ESA they assess on your capability to do any type of work. People claim PIP and work. Doesn't matter of your GP or surgeon think differently. What you need to do now is ask for a Mandatory Reconsideration (MR) you only have 1 month from the date of the decision to get this is. Ring ESA and ask for a copy of the assessment report (if you haven't already done this) if you haven't then don't wait for them to send you this because time isn't on your side. If you don't know what to do then i'd advice ringing CAB to help you. Most MR decisions remain the same so be prepared to take it to Tribunal. In the meantime your only option is to claim JSA. Once you've been for your first appointment and ONLY then you'll be able to put a fit/sick note for a maximum 13 weeks which should hopefully take you up untill a decision has been made on the MR. If the decision remains the same and you take it to Tribunal then once they accept it you'll then be able to go back onto assessment rate of ESA. Hope you understand this and hope i've helped. Good luck.
lee15615 denise15811
Posted
denise15811 lee15615
Posted
You're very welcome Lee!
pollmadoll64 lee15615
Posted
denise15811 pollmadoll64
Posted
Difficult question this. I don't think you have to tell them the name of the company/person but of course you would have to tell them that you work and what you do, as i'm pretty sure they'll ask anyway. If they do ask you who then to be honest i'm not sure what you can say. Good luck with the PIP assessment.
pollmadoll64 denise15811
Posted
denise15811 pollmadoll64
Posted
I said the exact same thing with both my PIP ones but once it was all over i thought it really wasn't that bad. Just remember not to answer with just a yes or no but to explain everything in as much detail as possible. They'll be watching everything you do too so just be aware! Are you taking someone with you, this helps if you can. I have fibro too, along with many other issues and i know we're all different but i know exactly what you go through everyday. Good on your for returning to work! I know i couldn't. Please do let us know the outcome xx
pollmadoll64 denise15811
Posted
Thanks Denise,
I have found this Forum so helpful and supportive. It seems to me everyone still depends on me although I am suffering and need their support. It is tough for my two young sons to accept I am not as strong as I was. The worst thing with Fibro is the insomnia, aching all over and restless leg syndrome!😣
pollmadoll64 lee15615
Posted
lee15615 pollmadoll64
Posted
Thanks for this information. I have had ankle surgery and I'm on crutches and still in a lot of pain. I'm also due another operation on it soon so I found it really strange that they found me fit for work. I'll definitely be taking the same route. Thanks very much
denise15811 lee15615
Posted
Have you had a look at the ESA criteria, at where you could score points? It's very different to PIP. Is this the first time you've had an ESA assessment? or were you in a group before?
lee15615 denise15811
Posted
I'm just waiting for the letter to see why I failed the medical. They rang me yesterday and said the assessment letter is in the post. I've been a gardener for 12 years so I definitely wouldn't be able to do that job on crutches and I'm not sure what kind of job they expect me to do. I couldn't do shop work or warehouse work. The only thing is probably data input in an office but whose going to employ someone on crutches with another operation due in a month or so? Sorry for the rant just reallly distressing at this time
denise15811 lee15615
Posted
I know it's terrible and i agree but they don't think that way and that's not what ESA is about. They assess you on your capability to do any type of work, office included. Did you ring them also for a copy of the assessment report? The best thing to do is ring and tell them you want the Mandatory Reconsideration and then put it in writing. You'll need to concentrate on those descriptors and what applies to you, which is why it helps getting some help. Good luck!
lee15615
Posted
denise15811 lee15615
Posted
Are you not going to apply for JSA like i adviced? If not then yes you can claim stating Nil income, but they may question why you're not claiming JSA.