Student and (IR) ESA

time2save

Hi,

I originally claimed (IR) ESA back in September 2012.

I am currently on the Assessment rate

As a disabled full time student and claiming DLA, I should have Limited Capacity to Work (LCW) according to Disability Rights UK and some people from DWP; who know what I'm on about

http://disabilityrightsuk.org/f31.htm [Towards the bottom - Students]

Law bit [if anyone's interested, got by Disability Rights]:

Schedule 1, Paragraph 6(1)(g) Welfare Reform Act 2007 and Regulation 18 Employment and Support Allowance Regulation 2008, apply here.

I was sent the ESA50 to be completed by 6th Dec

Now becuase I've been ill since before xmas with MH + Autism, I haven't been able to send the ESA50 back. I have though completed the original ESA1 form.

I've had to reschedule my ATOS assessment and have one for Monday.


I'm worried about that if I attend my new ATOS appt, they'll lie etc on the ESA85 report and I'll have to wait months for the Tribunal and increase my anxieties and make my self even more ill.

I'm also worried that if I do attend, can I have the assessment recorded or not and have a MH Champion [for the HCP] present, even though it'd be short notice.



I'm thinking of closing my case and claiming it again in a few weeks or a month's time.

If I were to do this, would the DWP be sucpicious and question why i would want to close my existing or [later] open a new claim with them.

Also would I be able to hand in the same or similar ESA1 form - the one you use to apply for ESA in the beginning.


Any advice would be great :A

time2save

Any advice would be great

time2save

^^ kind bump

time2save

Finally had the ATOS Assessment and it went fine. The nurse was ok, could have had a lot worse, seeing some of the other people that work for them + they have a lot of G4S secruity for no real reason :eek: :eek:

Got the ESA Report (ESA85A) and not too bad.

Got placed in the Support Group and backdated payments from Dec 2012


Ooh, yes I requested a Statment of Reasons but didn't get it with the ESA Medical Report, the letter was open before it got to me today :eek: :eek: :eek: :eek:

Um, might need to request it again also if I do, will the DWP automatically reconsider my award, though I don't want this, I just want to know how the DM came to reach their decision



Thanks for everyone's support on here :A :A

time2save

rogerblack

time2save wrote: »

do, will the DWP automatically reconsider my award, though I don't want this, I just want to know how the DM came to reach their decision

No, they don't.