ESA Problems

mickc1306

I had been claiming ESA since March after suffering severe frostbite and being hospitalised for five weeks.

After about two months I had a medical with ATOS which I must have gained sufficient points at as I was then placed in the WRAG. While it wasn't diverging I wanted to do my work provider realised I wasn't well enough to work and treated me accordingly.

A week gone Friday I had another ATOS medical and received a letter Saturday stating I had received 0 points and was no longer entitled to ESA.

First thing I did was read the letter several times and it included parts of the 'medical' and the decision makers reasoning as to why I had 0 points.

The report was inaccurate, misleading and in some case a lie.

I researched online as to the correct procedure for appealing as I've never used the process before. From my understanding I have to ask for a mandatory reconsideration which could take any amount of time and during this period I won't receive any benefit unless I make a new claim for another benefit i.e. JSA.

Only after this has been completed and if they don't change the decision in my favour can I then appeal, which I have to do directly and not to the DWP. Only after the tribunal service has confirmed with the job centre that I have lodged an appeal will I be able to receive ESA again at an assessment rate until the appeal.

Please correct me if I have got anything wrong so far. I have a couple of questions for the members of the forum.

1) Has anybody asked for a reconsideration since it became mandatory in October and how long did the process take?

2) I last received a payment on the 24th and would of been due a payment on the 7th. The letter I received was dated the 29 th and since ESA is paid in Arrears I should be due 5/6 days money. Is this correct?

3) Has anybody had to claim JSA during the reconsideration process even though they are ill? How does it work as to my understanding you have to be fit and actively seeking work?

My current health conditions are that both feet are deformed as an after affect of the frostbite I received also nerves are damaged in both feet. Medically I feel since the initial wounds have healed I've been tossed aside. Here's some pills, see you later. I very rarely see my Doctor I have a standing prescription for medication. Full doses of Tramadol and Gabapentin. I see a podiatrist every few weeks and that's it.

I still have to wear dressings on my feet to protect them and medically issued soft shoes. In an average day I spend on average three hours where I am not lying down to alleviate my symptoms. The only way I could get to the job centre would be a taxi there and back, something I can't afford now my money has stopped.

I'm at my wits end regarding the situation. I understand logically what has to be done bit I've been struggling to cope with my current regime and this just feels like another kick when I'm down.

pmlindyloo

A good overview here:

http://www.disabilityrightsuk.org/appeals-and-mandatory-reconsideration

My understanding is that reconsiderations are taking approximately 2 weeks.

You can phone Job Centre Plus and ask them when you will receive your last ESA payment and how much it will be. You will need this information to be able to put in a claim for JSA (you can do this online)

There is some information about claiming JSA when in the process of a reconsideration. I will try and find out the government guidance for this. My understanding is that they will have to make allowances for your disability. In any case, reconsiderations seem to be going through fairly quickly so claiming JSA should not be a problem. The money will be the same as if you are on the assessment rate of ESA.

I would advise getting some help from CAB/welfare adviser both for the reconsideration and your appeal (if needed). They will be able to go through the descriptors to see which ones you meet, look at the written statement of reasons for refusal and help compose your reconsideration/appeal based on the inaccuracies.

mickc1306

Thanks for the link and the useful information. I will definitely be seeking advice as I can't do this on my own and don't know the benefits system as I was working prior to this happening.

pmlindyloo

Please be aware that there are time limits on asking for a reconsideration so read your decision letter carefully.

mickc1306

pmlindyloo wrote: »

Please be aware that there are time limits on asking for a reconsideration so read your decision letter carefully.

Thanks. I'm going to phone tomorrow and tell them I want a reconsideration and that I will be submitting written evidence. I've also received a contact number for a welfare rights officer through a friend so will be contacting her tomorrow to seek her advice as well.

nannytone_2

you also need to request a statement of reasons.
you cant dispute their findings, if you dont know what they are!

look at the ESA descriptors to see where you think your points should come from and concentrate on providing evidence specific to those descriptors.

mickc1306

nannytone wrote: »

you also need to request a statement of reasons.
you cant dispute their findings, if you dont know what they are!

look at the ESA descriptors to see where you think your points should come from and concentrate on providing evidence specific to those descriptors.

They did provide some information but it does state this is not a copy of your face to face assessment so I guess I need to request a copy of this.

rds60h

The 2 weeks for the Reconsideration is only a recommendation should the Assessor believe your ATOS assessment is incorrect so do not count on the Reconsideration only being 2 weeks as the likelyhood is that it will be much longer.
The first thing you need to do is send in your Reconsideration with as much evidence as possible of your medical condition and perhaps a GP's letter detailing your condition.
You also need to see your GP because you now need a Medical Certificate to say you are unfit for work and with this you can then apply for ESA again, there is no point in trying to claim JSA if you are unable to work, because you will quickly fall foul of the requirement to claim and will be sanctioned.

nannytone_2

i would recommend that you fo

mickc1306

rds60h wrote: »

The 2 weeks for the Reconsideration is only a recommendation should the Assessor believe your ATOS assessment is incorrect so do not count on the Reconsideration only being 2 weeks as the likelyhood is that it will be much longer.
The first thing you need to do is send in your Reconsideration with as much evidence as possible of your medical condition and perhaps a GP's letter detailing your condition.
You also need to see your GP because you now need a Medical Certificate to say you are unfit for work and with this you can then apply for ESA again, there is no point in trying to claim JSA if you are unable to work, because you will quickly fall foul of the requirement to claim and will be sanctioned.

My understanding was that once you we're 'kicked off' ESA that there is a mandatory six month period before you could claim it again.

By a stroke of luck I have an appointment with the doctor at 9am tomorrow, I booked it a week and a half ago just to see if there was any other treatment options open, luckily I did.

pmlindyloo

rds60h wrote: »

The 2 weeks for the Reconsideration is only a recommendation should the Assessor believe your ATOS assessment is incorrect so do not count on the Reconsideration only being 2 weeks as the likelyhood is that it will be much longer.
The first thing you need to do is send in your Reconsideration with as much evidence as possible of your medical condition and perhaps a GP's letter detailing your condition.
You also need to see your GP because you now need a Medical Certificate to say you are unfit for work and with this you can then apply for ESA again, there is no point in trying to claim JSA if you are unable to work, because you will quickly fall foul of the requirement to claim and will be sanctioned.

I do not believe this is correct.

The OP can claim JSA as he has been found 'fit for work'.

Job Centre Plus have been advised that people who are waiting for a reconsideration are able to make a claim for JSA. They should be able to see a Disability adviser at Job Centre Plus and fit their Job Seekers agreement to take into account their 'disability'.

If the OP follows your advice they will not receive any money whilst waiting for their reconsideration.