Failed ESA face to face

Hi Paul,

Sorry to hear that you've been found fit for work. So your MR decision has remained the same which isn't unusal because 80% of MR's remain the same. May i ask what you've been claiming while you've been waiting for the MR decision?

As awful as it sounds they can and do go against many Consultants and GP's evidence. Many many people get found fit for work. ESA is about the work you CAN do and NOT the work you CAN'T do and so many people don't understand this.

Anyway, regardless of this your next step is to take this to Tribunal. If you can get help from either cab or your local disability centre for this then even better. You'll need to either download the form SSCS1 online or get someone to go to your local CAB office for the form. You'll need to fill out this form and attach a copy of the MR decision letter to it (PLEASE NOTE!!!! you must attach a copy of the MR decision to your SSCS1 form) without this the Tribunal Appeal courts can not accept your appeal! You'll need to prepare a written statement for the courts telling then the reasons why you think you shouldn't have been found fit for work. Send ALL of your evidence with this to HM Courts and Tribunal Service. Once the Tribunal have accepted your appeal you can then go back onto ESA assessment rate until a decision has been made at the Tribunal. You have 28 days from the date of the decision (MR) to get this appeal to the Tribunal! Please don't delay this process. You will not be able to ask them to consider any new conditions, you'll only be able to include what you originally included for the ESA assessment.  I will strongly advice you that you appear in person at this Tribunal even if it's extremely hard for you to do this because 65% of those who appear in person have a decision in their favour. It's considerably less for those who ask for a paper based decision. Hope this helps! Good luck!

Thanks for your advice . I have not been claiming anything since the mandatory reconsideration as I can't leave the house to go to the job centre to make a claim . 

You state that it's the jobs I can do not the jobs I can't do , well I can't do any jobs as I can't leave the house as my diarrhoea is so bad . The letter from my consultant who is a professor in gastroentolgy at a university hospital has stated this in a letter . 

To be honest I don't even know how I will get to the tribunal I will have to stop eating food two days before the tribunal and take an enema to completely empty my bowels before I go to court . I had to do this before I went to hospital to have bowel scan .

I have not been claiming ant benefits since my mandatory reconsideration as I can't leave the house to go and sign on . 

Yes you state that it's the jobs I can do not the jobs I can't do 

Well I can't do any jobs as I can't leave the house 

Can you explain what this means and refers to 

At least once a month experiences (i) loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder; or (ii) substantial leakage of the contents of a collecting device; sufficient to require cleaning and a change in clothing. 15 points.

Does it mean that I have to experience loss of control of the bowel AND the bladder or just loss of control of the bowel only to receive the points ? 

 

It's worded in a complicated manner 

Firstly, you could have claimed JSA and got a fit/sick note from your GP for an extended 13 weeks while you waited for the MR decision, sadly that's too late now. The question above when is says and/or means either one of those, doesn't have to be both. I know you stated you can't leave the house but going to the Tribunal would really help your case because YOU can explain fully exactly what you go through. Also beleive it or not DWP state any job and that mean working from home and yes i know it's disgusting what they put people through, but i'm only here to advice you on the truth. I truely hope that you wipe the floor with the DWP here and get the decision you deserve! If i can help further then please just ask those questions.

Thanks very much for your reply .

I thought about getting another sick note and going straight   back on esa but the DWP  said if I wanted to claim esa again I would need a sick note from my doctor and it would have to state on the sick note that it's a different sickness from the one that I had already failed the esa

Yes I understand you saying meaning I can work from home , but how can I even claim the job seekers allowance as I have to go to the job centre to sign on and that would mean leaving the house 

You're very welcome!

DWP have wrongly informed you. Once the Tribunal have accepted your appeal you can go straight back onto ESA assessment rate (with a fit/sick note sorry forgot to mention that) BUT it doesn't have to be for a different condition. This is only if you're going to start a new claim for ESA. In all honesty most of the people at DWP have no idea what they're talking about! I don't work for them, i'm just like you, i have a disability that stops me from working and i claim ESA Support Group and PIP. Please do as i adviced and get that SSCS1 form. When was the date of the decision for the MR?

I understand that too but it would have been very a very very short time, long enough to hand in the fit note. I wouldn't worry now as the MR decision has been made. If a decision does go in your favour at the Tribunal then you'll be back dated ALL of your money from week 14 of your claim and as you haven't been claiming JSA that could be a considerable amount of money. Just out of curiousity do you claim DLA or PIP?

I understand what you mean now buy I didn't think I was going to take it to tribunal that's who I didn't realise about going back on ESA  at the standard rate but I know what you mean now . The madatory reconsideration letter the sent me telling me that the decision has stayed the same came to me last week 

I don't claim dla or Pip but I made a claim for pip only a week ago so I'm waiting on a reply as I only completed the forms last week .

Thanks 

As you had that MR decision letter last week then you have no time to waste in getting that SSCS1 form filled in, with a letter, all your evidence sent off to the Tribunal. It's very important that you attach that MR decision letter with your form!

As for your PIP most people have a face 2 face assessment as it's very rare to have a paper based decision but it has been known. You'll need a letter from your GP for a home assessment stating the reasons why. Send as much evidence as possible, this is very important. Waiting times vary wildly depending on where in the country you are and the backlog. Goodluck!!

Yes I will do that today and thanks again for your help 

Anytime!

If when I get a tribunal date I go back into esa will they backdate it to the date they stopped my esa when they found me fit for work ?