ESA Medical Assessment Points system

Muttleythefrog

jojo_2012 wrote: »

what does LCW and LCWRA stand for just out of curiosity?

Limited capability for work (if found entitles you to Work related activity group of main phase of ESA)
Limited capability for work related activity (if found entitles you to Support Group of main phase ESA)

Muttleythefrog

jasonwatkins wrote: »

I got a phonecall today saying I didn't qualify for ESA, having been on Incapacity Benefit for around 12 years. I was told my options were to appeal or sign-on.

That was from an assessment on (i think) September the 15th, so around 6 weeks.

Really thrown me for a loop so i'm just going to feel sorry for myself tonight and get stuck in to finding out what's next tomorrow I guess.

I think the first thing I'd do if I were you is request statement of reasons and copy of all the evidence they've used. Then you can better determine whether to appeal or not.... seek legal advice if you feel you need it. You should get 4 weeks to indicate intent to appeal in writing and probably another 2 weeks if requesting statement of reasons.. from the date of decision.

Normally people can get Assessment rate ESA while awaiting appeal, under the cover of 'sicknotes'.

jasonwatkins

woodbine wrote: »

are you going to appeal?

I am, yes.

Muttleythefrog wrote: »

I think the first thing I'd do if I were you is request statement of reasons and copy of all the evidence they've used. Then you can better determine whether to appeal or not.... seek legal advice if you feel you need it. You should get 4 weeks to indicate intent to appeal in writing and probably another 2 weeks if requesting statement of reasons.. from the date of decision.

Normally people can get Assessment rate ESA while awaiting appeal, under the cover of 'sicknotes'.

Thanks for that. I was told that I would be paid a "reduced rate" while the appeal is being heard so I guess that's what the assessment rate ESA actually is.

The person I spoke to said the paperwork was being sent out today and I should get it by the end of the week, but i'll ring them back tomorrow and request the statement of reasons as well.

She told me that my final incapacity benefit payment will be the 25th of November as well. Got a contact at the local C.A.B. who is awaiting my call once I receive the paperwork as well who will apparently help with the appeal as well.

jasonwatkins

Don't know if anyone will be able to answer this in time before i leave for the Doctors later on this morning but what would happen if she refused to give me a "sicknote" ?

Would that mean that I would be unable to appeal the decision ?

Thanks in advance

Muttleythefrog

jasonwatkins wrote: »

Don't know if anyone will be able to answer this in time before i leave for the Doctors later on this morning but what would happen if she refused to give me a "sicknote" ?

Would that mean that I would be unable to appeal the decision ?

Thanks in advance

Ah probably too late... but if you can't get 'sicknote' from medical professional like your GP then you will probably struggle to get the assessment rate while awaiting appeal.. it is usually a requirement. There is the possibility of claiming JSA instead.

Regarding appeal... this will be unaffected. Your appeal rights aren't dependent on any benefit award. There's just the issue that appeals take some time to be heard and so you'll probably need a source of income while waiting. When you appeal, the DWP will carry out an automatic reconsideration of their decision and include any new evidence supplied (worth trying to get supporting medical evidence into the equation if you can to help your case regarding the descriptors). That automatic reconsideration may take several weeks itself and if they don't change their decision they'll send the file to the tribunals service to arrange tribunal which could take many months to be heard.

jasonwatkins

No worries, thanks for the reply

It is, thankfully, now a moot point as she gave me a certificate for 3 months without a peep. I was winding myself up for an argument on the way to the surgery as I do have a bit of history with my GP for various reasons but when I explained my reasons she just signed it off there and then.

So at least that's one thing off the list

jasonwatkins

Just had a brief conversation with the man from the C.A.B. on the phone who basically confirmed that from the first week in December I'll be on the assessment rate of ESA at £65 quid a week until such time the tribunal is heard.

Really nice to hear that so close to christmas ..