esa again sorry

backache_2

Hello to everyone, I would be grateful for any views on thefollowing please. My employment was terminated last year after 15 years on thegrounds of capability, for medical reasons, and subsequently received a smallill-health pension from my employer earlier than envisaged. I am 58 years ofage. At this time I sought the advice of the job centre who advised me to claimfor ESA which I have been for six months (contribution based) and recently hadthe face-to-face medical/ interview. Just received the result, which is nil points.It also says that we recognise that you have a disability or health conditionbut to get employment and support allowance. You have to score at least 15points. I thought I could possibly appeal but on the paperwork. It just says if you want us to look again at this decision contact us, no information about appealing. I requested a copy of the face-to-face assessment report over a week ago which I have not received yet. So unsure what to do. If, as the report states that I do not have a limited capability to work. Am I to be judged as fully fit by the job centre? Sorry if this is similar to other ESA posts, it'sall rather confusing to me. Thank you for reading.

Muttleythefrog

Yes, you could appeal. You can appeal by getting hold of a GL24 form from the DWP or by writing to the office dealing with your ESA claim stating you wish to appeal the decision x of date y because z. You normally get 4 weeks to appeal from the receipt of the decision. If you do appeal then they'll automatically carry out a reconsideration to see if they can change their decision.

My advice is look at the descriptors for ESA.. and see if you think you should qualify. If you do think you should then I would suggest appealing... and I would suggest first getting all the evidence they've used to take decision and request a statement of reasons (for the decision) if not already in receipt of such. If you run short of time for submitting appeal then do it and state you'll supply further details in due course once you've received and studied the evidence and/or consoluted your medical consultants. I would advise you get supporting medical evidence if you can... supportive of your conditions and their effects and even better the descriptors you feel apply to you.

backache_2

Yes, you could appeal. You can appeal by getting hold of a GL24 form from the DWP or by writing to the office dealing with your ESA claim stating you wish to appeal the decision x of date y because z. You normally get 4 weeks to appeal from the receipt of the decision. If you do appeal then they'll automatically carry out a reconsideration to see if they can change their decision.

My advice is look at the descriptors for ESA.. and see if you think you should qualify. If you do think you should then I would suggest appealing... and I would suggest first getting all the evidence they've used to take decision and request a statement of reasons (for the decision) if not already in receipt of such. If you run short of time for submitting appeal then do it and state you'll supply further details in due course once you've received and studied the evidence and/or consoluted your medical consultants. I would advise you get supporting medical evidence if you can... supportive of your conditions and their effects and even better the descriptors you feel apply to you.

"I’m not a psycho! It was just a moment of madness… The whole thing’s highly regrettable" - John Stape (Corrie)

backache_2

Thankyou mutleythefrog,very helpful

oscar55

I have worked for 28 years lifting heavy appliances and had to finish work because of a back condition and find it difficult to walk any distance and often fall.I have just had my 2nd appeal and just been awarded 6 points overall.I was not happy with the 1st assessment because everything i said was twisted around and a few lies were told.2nd assessment i was only in for 10mins with a doctor and judge and i told them about the lies in the 1st assessment and gave them notes off my doctor but they just did not seem interested.They could not give me a decision straight away because they had no laptop or internet access but i have just received a simple letter that i am not entitled to ESA with limited capability for work with no explanation what to do.I phoned disability benefit advisor and was told only thing to go on is jobseekers allowance but the trouble is i have to say i am fit to work 40hours a week to be able to claim which i know it is impossible for me. The last year i have been on permitted work for 3 hours a week which i have struggled to do {only been 6 months out of the full year}any advice what to do would be great.

Muttleythefrog

oscar55 wrote: »

I have worked for 28 years lifting heavy appliances and had to finish work because of a back condition and find it difficult to walk any distance and often fall.I have just had my 2nd appeal and just been awarded 6 points overall.I was not happy with the 1st assessment because everything i said was twisted around and a few lies were told.2nd assessment i was only in for 10mins with a doctor and judge and i told them about the lies in the 1st assessment and gave them notes off my doctor but they just did not seem interested.They could not give me a decision straight away because they had no laptop or internet access but i have just received a simple letter that i am not entitled to ESA with limited capability for work with no explanation what to do.I phoned disability benefit advisor and was told only thing to go on is jobseekers allowance but the trouble is i have to say i am fit to work 40hours a week to be able to claim which i know it is impossible for me. The last year i have been on permitted work for 3 hours a week which i have struggled to do {only been 6 months out of the full year}any advice what to do would be great.

Sounds like you had a typically bad ATOS assessment as far as accuracy to reality goes and sounds like you somehow managed to get a second one ordered (unless you reapplied?) The appeal awarded you 6 points... but you mention nothing of how many points you think you should have gotten (or if support group descriptor(s) applied).

Regarding the notes of doctor... they should have been considered if they were felt relevant and timely. Relevant in the sense of your conditions and use in relation to determining applicability of the ESA descriptors and timely in the sense that the evidence applied at the time of the negative DWP decision.

You could ask for a statement of reasons from the tribunals service... would take weeks most likely and may offer you little help. There's a slim chance you could appeal on a point of law and have the tribunal decision struck out... but you'd almost certainly need approrpiate legal advice if that was plausible.

If 6 months have passed since the DWP decision... which it may well have done as appeals take months typically to be arranged and heard... then you can re-apply for ESA.. a new claim... and would probably need to supply sicknotes from doctor for assessment phase (3 months approx). (This 6 month waiting period can be overcome if condition has notably changed or different medical conditions applying... but I don't get the impression that is relevant here).

As a general point... it's important to focus on the descriptors for ESA... headline statements and phrases like 'fit for work', 'fit for some work', 'unfit for work' are meaningless.... it's all about the descriptors written into law... which ones apply. I would always advise going into any ESA50 form filling, ATOS medical assessment or appeal fully aware of the descriptors you think apply to you. Ideally get supporting medical evidence that they apply.