What’s the timeframe and how do I go about asking the DWP to review my ESA claim.

Riz-1981

I got a letter a few week back telling me that I’d failed My assessment and scored zero points. Their decision is a farce as I have been on Incapacity and DLA ever since I was run over by a car in 2001. I was hit at 70 MPH….so you can imagine how the accident left me.

Reading the decision the nurse wrote that I can walk over 200 yards as I caught the bus. I caught the bus yes and walked but I had to stop every 100 yards and when I got home I was in great pain and that day I took double the dose of painkillers to get through it.

She also said because I have a bus pass I go out? I have a pass for emergencies as I don’t drive.

There was a load more made up stuff she wrote too.

I have a sick note he for six weeks. My money is stopped on the 19th of this month what shall I do?

I want them to look at my claim again but not sure I have the time to get a letter out to them. I also cant walk at the minute so cant get to the jobcentre to get a appeal form.

Any help is appreciated.

rogerblack

http://www.cfhdocmail.com/
You need to appeal in writing within a month of the decision.
The above service (there are many) lets you send letters without going out.
Majorly handy.
Have you actually got the doctors report?

In short - understand the descriptors - http://www.tameside.gov.uk/esa/lcwra for the support group, and http://www.tameside.gov.uk/esa/wca#LCW for the work-related group.

Your doctor saying 'Little Johnny is sick, he can't come to work ever' is of very little use, unfortunately, even if they know you're actually unable to work.
You need the doctor to be ideally able to confirm that you (for example) can't raise your arms as if to reach into a shirt pocket. (one of the support group descriptors).
Gather any evidence you think applies.
Send it, (scans are fine) along with your appeal letter.
The appeal letter must include a new sick note, as the finding you are capable of work invalidates the old.
the appeal must be in writing, identify you (include NI), and the decision being appealed against, and why you're appealing.
https://www.dwp.gov.uk/docs/gl24dwp.pdf however is the actual form, which is useful.
You can add additional pages though, as the form may be inadequate.

Riz-1981

Thanks for your help.

Just over a year ago, I had a home medical due to my DLA claim. I was awarded DLA because the Doctor that did the medical agreed I couldn't walk 70 yards without stopping and the side affects of walking. Therefore surely I should qualify for ESA as that criteria meets the criteria in the link you gave me.

I should also have more points for not being able to lift etc...but the nurse at the ESA as twisted everything?

Is it best I appeal or ask them to look at the decision again?

Thanks.