Failed ESA Medical

jaynee121

Hi, Just received letter today to say I have failed my medical (0 points). From the descriptors I feel I should have scored at least 36 points. In the letter it didnt say anything about appealing but I could ask them to look at the decision again. I noticed they hadnt bothered contacting my counsellor even though I specifically asked them to on my form and they havent bothered to contact my doctor either. What a joke!!!!. I suffer from anxiety and depression. I printed off the appeal form on the internet and sent that off (within an hour of receiving the decision letter). Should I have spoken to my counsellor and doctor first to get letters from them regarding my illness and sent that with the appeal, dont know whether ive jumped the gun here but was so worked up about the decision. Does anyone know how long the tribunal takes to come through for my area, I live in Bedfordshire, any advice would be much appreciated.

healy

jaynee121 wrote: »

Hi, Just received letter today to say I have failed my medical (0 points). From the descriptors I feel I should have scored at least 36 points. In the letter it didnt say anything about appealing but I could ask them to look at the decision again. I noticed they hadnt bothered contacting my counsellor even though I specifically asked them to on my form and they havent bothered to contact my doctor either. What a joke!!!!. I suffer from anxiety and depression. I printed off the appeal form on the internet and sent that off (within an hour of receiving the decision letter). Should I have spoken to my counsellor and doctor first to get letters from them regarding my illness and sent that with the appeal, dont know whether ive jumped the gun here but was so worked up about the decision. Does anyone know how long the tribunal takes to come through for my area, I live in Bedfordshire, any advice would be much appreciated.

You can send any supporting evidence to them later, you do not need to send it with the appeal form.

Appeals generally take between 3 and 6 months.

AngelBadger

What you've done is fine as healy said you can forward on evidence. When they recieve your form they will relook at your file and decide if a mistake has been made. If they decide that they made the right decision then they will send you a letter advising you that they are passing it on to the Tribunal service (many people discussing appeals are talking about Tribunals). I've read that the average wait time for a Tribunal is approx 3-6 months, although mine took 8 months.

I'd recommend that you now either contact the CAB or a welfare advisor to give you some support with the Tribunal.

jaynee121

Hi, thanks for the advice, this site is brilliant, I am due to be paid my benefit on Friday, will they still pay me do you think, also if they see I am appealing will my basic rate esa continue automatically.

AngelBadger

You do continue to get the assessment rate of ESA whilst appealing. You might have a delay on payment if they don't manage to set it back up again in time for Fridays payment.

healy

jaynee121 wrote: »

Hi, thanks for the advice, this site is brilliant, I am due to be paid my benefit on Friday, will they still pay me do you think, also if they see I am appealing will my basic rate esa continue automatically.

Your benefit will be stopped from the date of the decision letter.

I think you will need to tell them that you want to claim the assessment rate whilst appealing.

Katykat

I had the same lettsr last week telling me my ESA was stopping from that date. I also sent a leter asking them to look at the decision again. I followed it up with a phone call to tell them my letter was on the way & could I claim the assesment ESA whilst they were deciding( I was only on the assessment rate anyway). I was told NO. I didn't quite understand the explanation, but I think she was telling me that I wouldn't get ESA now, but if they reverse the decision, they would give it to me again & backdate it to when they stopped it. Doesn't help me now though, as I have no income. Was this information wrong? If so, how do I go about getting assessment rate.

AngelBadger

I've just done a google search Katykat and it seems you're not the only one who has had this response. They are wrong though, the rules state that you will recieve the assessment rate up until the tribunal. I was put on ESA when I had to go to Tribunal for IB specifically because they carry on paying you.

http://www.blackpool.gov.uk/services/s-z/welfarerightsbenefitadvice/appealadviceforesaandincapacitybenefit.htm

The DWP call it 'pending appeal award'. You might need to kick up a fuss about this, ask to speak to a team leader.

I'm not sure if the reason you've been given is the same as others I've read about. Many have been told that they won't be paid until someone has looked at their appeal and made a decision.

If you don't get anywhere, either speak to the CAB or try to get a crisis loan to tide you over. You should get back paid once they start paying again.

Katykat

Thanks AngelBadger, sorry its taken a while, but been tied up. I had a letter today telling me that I have been awarded assessment rate ESA pending appeal. I havn't contacted them about it as I have been waiting to get an appointment with CAB ( & thats not easy is it?) So, you are correct. It just shows that even when you ring & speak to an advisor, you are not always given the correct information. It seems this forum has better advice. Thanks.