ESA failed assessment

taboo65

Hello, I'm new to this site.. I went for my ESA assessment 2 weeks ago (May 2016), having previously qualified for the work related group via my previous assessment in September 2014. I have failed to qualify and have to claim JSA. I am healthwise worse than I was two years ago. I suffer from agoraphobia, Depression, have a personality disorder, I have regular panic attacks, I have a neck injury which makes my hands and arms numb and shooting pains down my shoulders, back and arms, and across the top of my head. I also suffer from ME and am waiting for a neurology consultant appointment to assess my nerve damage in my neck/spine. I went to the assessment with my support worker who helps me manage my depression/anxiety. I cannot work at the moment. I cannot talk to anyone on the telephone and have problems with facing people. I rarely leave my home, unless I need to attend appointments, and am always accompanied by either my daughter or my support worker. I am totally lost! How can I apply for jobs when I cannot leave my home unaccompanied, talk to people without causing myself distress and cannot sit at a desk for more than 30 minutes without severe pain?? I received 9 points and needed 15 to qualify. I previously worked in the IT industry and always supported myself and my family. I feel extremely let down! Any feedback would be appreciated. Thanks. Tracy

DomRavioli

taboo65 wrote: »

Hello, I'm new to this site..

I went for my ESA assessment 2 weeks ago (May 2016), having previously qualified for the work related group via my previous assessment in September 2014.

I have failed to qualify and have to claim JSA.

I am healthwise worse than I was two years ago.

I suffer from agoraphobia, Depression, have a personality disorder, I have regular panic attacks, I have a neck injury which makes my hands and arms numb and shooting pains down my shoulders, back and arms, and across the top of my head. I also suffer from ME and am waiting for a neurology consultant appointment to assess my nerve damage in my neck/spine.

I went to the assessment with my support worker who helps me manage my depression/anxiety. I cannot work at the moment. I cannot talk to anyone on the telephone and have problems with facing people. I rarely leave my home, unless I need to attend appointments, and am always accompanied by either my daughter or my support worker.

I am totally lost! How can I apply for jobs when I cannot leave my home unaccompanied, talk to people without causing myself distress and cannot sit at a desk for more than 30 minutes without severe pain?? I received 9 points and needed 15 to qualify.

I previously worked in the IT industry and always supported myself and my family.

I feel extremely let down! Any feedback would be appreciated. Thanks. Tracy

Have you lost the ability to write in comprehensible paragraphs?!

You can appeal, by applying for a mandatory reconsideration, then tribunal.

I suggest you seek advice from either the CAB, or possibly disability rights/welfare rights. If you did not provide evidence of your conditions, you won't get the points. You need proof.

I'm sure one of the lovely posters will be along soon with more comprehensive information.

taboo65

I didn't feel it necessary to proofread and format the thread! My GP provided evidence of my conditions, which the nurse/assessor read out . I was asked to do physical tasks (arms raises, a squat, raising my legs whilst lying down) of which I refused to do half of them, ie: the squat, I cannot raise my arms above my head, raising my legs is not possible!! The nurse also measured my biceps and my calves????

Alice_Holt

Appeal it.

You may find this info useful:
http://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-appeals
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/challenging-an-esa-decision/

If you can't get specialised CAB help with the appeal, it is worth considering subscribing to benefits and work (c.£20) as their guides are very helpful.




The appeal process is now 2 stage.

The first stage is to ask the DWP for a Mandatory Reconsideration (MR) of their decision.
http://www.leicester.gov.uk/media/178163/mandatory-reconsideration-request.pdf


My experience is that the DWP rarely change their decision on MR, so my judgement (others may take a different view) is to get the MR completed ASAP using medical evidence and information you have readily to hand. Go through the ESa descriptors carefully and set out fully the case for why you should have been awarded the necessary points. See:http://www.benefitsandwork.co.uk/med2/indexxx.php

I'd get this MR stage done ASAP, because at the next stage (appeal to the Tribunal Service (TS) ) your ESa payments can be re-instated pending the TS hearing. Specific Info here: http://www.cpag.org.uk/content/benefit-during-employment-and-support-allowance-dispute

Stage 2 is the appeal to the TS.
This is done on a SSCS1 form (http://s3-eu-west-1.amazonaws.com/hmctsformfinder/sscs001-eng.pdf)
A copy of the DWP response to your MR has to be attached. DO opt to attend the hearing, then you can explain fully to the panel.

Once this form is submitted and the DWP have it logged then you can ask the DWP to resume ESa payments. (Be insistent as often ill-informed DWP employees are not aware that this can be requested).

You can then send further evidence diectly to the TS in readiness for your hearing.
This might include further evidence from your GP (very useful if they are supportive, you can see them and show them the ESa descriptors, and their letter relates directly to the appropriate descriptors); evidence from family, carers, friends; your statement outlining to the TS why you should be awarded Esa; your comments on the DWP reasons for not awarding the benefit and the validity of the WCA.
It is best to keep your submissions to the tribunal brief, to the point, and relevant to the ESa activities.
(Think of the panel's reaction to the info you send them).

Some more info here:
http://www.advicenow.org.uk/tags/benefit-appeals
http://www.advicenow.org.uk/guides/how-win-pip-appeal

The How To Win a PIP Appeal guide is really helpful on the appeal process (which is virtually the same process as ESa appeals).

For instance these bits are really helpful when you are preparing for the tribunal -

"For most people, the thing that is of most help is written evidence from their GP or other doctor. If you have a social worker, community psychiatric nurse, occupational therapist, or other professional, evidence from them will be very useful too.

The most useful evidence will explain how your illness or disability affects you, and the help you need (paying particular attention to the descriptors that you meet). This is unusual, so your doctor/social worker etc may not understand that. So give them a copy of the activities / descriptors.......

......You should think about keeping a diary of the help you need each day. It will help the tribunal panel to get a proper understanding of your situation. It is particularly helpful if your illness or disability isn't the same every day. Keep a diary for a month if you can (but a shorter time will also be helpful). It can be brief. Include everything that is connected to the activities’ that entitlement to [ESa] is based on.

If you get help from somebody and find this sort of thing hard, you could ask them to keep a diary of the help they have given you instead (as an alternative to the letter - see above).......

.......f you (or someone who is helping you) are good with writing, you should think about writing a statement for the tribunal. These can be very useful as they set out all your points, which means that you don't have to remember everything to say on the day. They also give the panel time to think about what you’ve said and why you should be getting the benefit before they meet you."

Good Luck

taboo65

Thanks, wow that's a lot of info, I will read through it all when my head's not spinning..

Alice_Holt

Sorry it is a lot of info.
It is stuff I have posted on other threads - but combined into one post!!

In my view the Benefits & Work site is very useful for appeals.
http://www.benefitsandwork.co.uk/employment-and-support-allowance

Do have a look at it, particularly if you can't get CAB help with the appeal.

taboo65

I will have a look, I can't afford the subscription atm, but will read what I can.. I will ask my support worker to help me get an appointment with the CAB should I need it, I will get the MR form sorted and returned once I receive it and write a letter to go with it. The nurse who assessed me measured me biceps and calves, which is more perplexing than the fact the all my medical evidence appears to have been disregarded..

taboo65

Thanks for all the positive advice. I'm waiting for the letter to arrive and will definitely be taking everything on board.

paragon909

lol, i'm starting to wonder if Alice Holt works for benefits and work...

I always seem to see that £20 subscription post... How to win an appeal.... Well i guess you will get awarded benefits if your entitled.

[Deleted User]

paragon909 wrote: »

lol, i'm starting to wonder if Alice Holt works for benefits and work...

I always seem to see that £20 subscription post... How to win an appeal.... Well i guess you will get awarded benefits if your entitled.

Ha ha ha I thought the same. On commission maybe

Alice_Holt

_shel wrote: »

Ha ha ha I thought the same. On commission maybe

:T No, afraid not!!

I've found B & W a helpful source of info, which might be useful for others.

Since the end of legal aid funding for benefit tribunal representation (together with LA funding cuts), many legal aid centres and welfare right specialists at CAB aren't there anymore.:(
I think the requirment for benefit advice is greater than the resources available. I'd be interested to hear your views on this..

But sites like B & W (and CAB adviceguide) can't help everyone - e.g. Claimants without computer skills / access: those with learning difficulties; those with literacy problems: severe depression; etc
I've found the Tribunal Service to be very fair and they do an excellent job (IMO), but many people must struggle to present their case if they can't get access to advice.

Sorry - getting too serious.. I'll try to refrain from mentioning the subscription rate in future! :beer: