Failed ESA Medical

VistaNick

Hi, so i got a phone call this morning telling me i have failed my ESA medical for my anxiety & depression.... _pale_

they said they will be sending me a letter about their decision, and that i can appeal.

what happens in the appeal process?

passatrider

If you appeal you will have to get hold of form GL24 which you can get from any Jobcentre Plus office in your area or give them a call to send you one.
While you are in the appeal stage then you can claim income support but this will be a 20% reduced rate while you are waiting for your appeal to be heard - current waiting times for appeals to be heard are around 8 months so be warned.

The process of appealing goes first to a decision maker at the JCP who will undertake a 'reconsideration' of your claim to see if the decision was correct and whether they feel all the information was looked at. The decision maker can and sometimes does overturn the decision and go in your favour.
However, if the 'reconsideration' is unsuccesfull then the claim is sent to the Appeals Tribunal who will then take on the case for you. You can either have a paper tribunal, where you don't appear on the day or you can have a verbal one where you do appear. It's best to go yourself as 40% of cases are overturned at appeal if you go.

The other alternative is to claim Jobseekers Allowance and still appeal but you have to be actively seeking work to qualify. I suffer from Anxiety and depression myself so I know how hard it can be believe me, so looking for a job may not be an option. It all depends on how you are financially to be honest.

Hope that helps a bit!

VistaNick

ok, thanks for help.

keira_3

I had my medical on 5.11.10 an was awarded 9 points despite suffering from Osteoarthritis and Clinical depression. I been on ESA since 2008 so according to them my Osteoarthritis has suddenly cured itself. I'm in the process of appealing and sent in a sick note as requested.Was told this morning that they have not received sick note. I refused to claim job seekers allowance because I know that i will not be able to work and my doctors has agreed. I wrote to my MP who has written to The Head of JobCentre Plus asking him to reconsider it as a matter of urgency. (see what good that does) I heard somewhere that these examiners get 100 pounds per assessment are they now on a bonus to get as many people off it as possible? So now I have no money coming in and had to get a crisis loan just to top up my gas/electric. In this weather its costing me 20 pound each per week and the loan was for 49 pounds. I've worked from being 15 and now at 54 and in need of help this is the way they treat you.

Uncertain

passatrider wrote: »

If you appeal you will have to get hold of form GL24 which you can get from any Jobcentre Plus office in your area or give them a call to send you one.
While you are in the appeal stage then you can claim income support but this will be a 20% reduced rate while you are waiting for your appeal to be heard - current waiting times for appeals to be heard are around 8 months so be warned.

The process of appealing goes first to a decision maker at the JCP who will undertake a 'reconsideration' of your claim to see if the decision was correct and whether they feel all the information was looked at. The decision maker can and sometimes does overturn the decision and go in your favour.
However, if the 'reconsideration' is unsuccesfull then the claim is sent to the Appeals Tribunal who will then take on the case for you. You can either have a paper tribunal, where you don't appear on the day or you can have a verbal one where you do appear. It's best to go yourself as 40% of cases are overturned at appeal if you go.

You don't have to use the form, you can just write a letter but make clear that you are appealing.

You need to come up with some additional evidence such as a doctor's letter to support your appeal. Talk to your GP and any other medical people you have seen.

Also, providing your doctor issues "sick" notes you will continue to be paid ESA at the basic assessment rate while the appeal is pending.

cit_k

yes, its the assessment rate they will pay you whilst appealing esa, the income support level minus 20 percent is for Incapacity benefit claims, it changed for ESA - now you get the ESA assessment rate for appealing ESA.

Appeals could take a long time to be heard, mine have taken up to a year...

healy

keira wrote: »

I had my medical on 5.11.10 an was awarded 9 points despite suffering from Osteoarthritis and Clinical depression. I been on ESA since 2008 so according to them my Osteoarthritis has suddenly cured itself. I'm in the process of appealing and sent in a sick note as requested.Was told this morning that they have not received sick note. I refused to claim job seekers allowance because I know that i will not be able to work and my doctors has agreed. I wrote to my MP who has written to The Head of JobCentre Plus asking him to reconsider it as a matter of urgency. (see what good that does) I heard somewhere that these examiners get 100 pounds per assessment are they now on a bonus to get as many people off it as possible? So now I have no money coming in and had to get a crisis loan just to top up my gas/electric. In this weather its costing me 20 pound each per week and the loan was for 49 pounds. I've worked from being 15 and now at 54 and in need of help this is the way they treat you.

The examiners (Doctors/Nurses etc) do not receive a bonus to remove people from benefits.

cit_k

healy wrote: »

The examiners (Doctors/Nurses etc) do not receive a bonus to remove people from benefits.

Prove it

frank_begbie

cit_k wrote: »

Prove it

Maybe they don't get a "bonus" but they will lose their job if they don't kick you off the sick.

What better incentive do they need?

frank_begbie

keira wrote: »

I had my medical on 5.11.10 an was awarded 9 points despite suffering from Osteoarthritis and Clinical depression. I been on ESA since 2008 so according to them my Osteoarthritis has suddenly cured itself. I'm in the process of appealing and sent in a sick note as requested.Was told this morning that they have not received sick note. I refused to claim job seekers allowance because I know that i will not be able to work and my doctors has agreed. I wrote to my MP who has written to The Head of JobCentre Plus asking him to reconsider it as a matter of urgency. (see what good that does) I heard somewhere that these examiners get 100 pounds per assessment are they now on a bonus to get as many people off it as possible? So now I have no money coming in and had to get a crisis loan just to top up my gas/electric. In this weather its costing me 20 pound each per week and the loan was for 49 pounds. I've worked from being 15 and now at 54 and in need of help this is the way they treat you.

I'm in the same position. Waiting for an Appeal date.

In the meanwhile I have sent in two sick notes and two letters asking why my ESA has not been reinstated, but have had no response as yet.

6 weeks without money!

Tried phoning up but didn't even get through and its so expensive.
I just can't afford to stand waiting in a callbox at 20p per minute.

It's a total shambles.

healy

cit_k wrote: »

Prove it

Yawn, not getting involved.