Esa denied .

Bogalot

stapeley wrote: »

I should also say my pain levels are 4 out of 10 60% of the time , rising to 7/10 for most of the time remaining . The pain radiates to my shoulders and causes headaches and dizzy spells . I am also increasing experiencing pain to both feet and walking any reasonable distance is difficult. Should I really be forced into work that will increase my suffering ?. Depression is also a major problem for me .

How is a job going to increase your suffering? No one is suggesting you lug around heavy boxes all day, but working at a desk, or something like working in a library, doesn't seem beyond what many people in your situation would do.

Your GP can refer you to the Fit for Work scheme, who can support you in your return to work. In the meantime you'll need to claim Jobseekers Allowance.

Alice_Holt

Some info on ESa appeals here:

https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-a-benefit-decision/challenging-a-dwp-benefit-decision-on-or-after-28-october-2013/appealing-against-a-benefit-decision/appealing-against-a-dwp-benefit-decision/

http://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-appeals

This is a very helpful guide to the appeal process (it covers PIP but the process is virtually the same for ESa).
http://www.advicenow.org.uk/guides/how-win-pip-appeal

ESa descriptors:
http://www.benefitsandwork.co.uk/med2/indexxx.php

Don't forget Reg 29 & 35:
http://www.cpag.org.uk/content/making-exception

pmlindyloo

Alice, can you ask for a supersession in these circumstances - based on new condition/significantly worsened condition? Can one be done along side an appeal on the original decision?

stapeley

Alice HOLT , the REG 29 &35 seems to be the relevant one . Very useful and high lights a similar case , I am 60 and not worked for several years due to my problems the stress of having to face the prospect of attending work assessment /job centre and the realization of a very slim positive work search out come is sending me to edge of despair, again !

Sorry i am not good at explaining myself . I point out that I was forced to go on to JSA . The job coach who saw me realised I was not fit and advise I use the extended period of 13 weeks sick allowance while I waited for the reassessment. This ends in one week .

jobdone1

Further to my comment I smashed my tibia to bits and had a tibia nail in February this year and breaking my health I have now returned from sick to outdoor safety critical work walking around ten miles a ten hours shift and I also am medicated with citalpram anti depression tablets I just get on with it and belive me I get a lot of pain in my leg and heel

Bogalot

stapeley wrote: »

Alice HOLT , the REG 29 &35 seems to be the relevant one . Very useful and high lights a similar case , I am 60 and not worked for several years due to my problems the stress of having to face the prospect of attending work assessment /job centre and the realization of a very slim positive work search out come is sending me to edge of despair, again !

Sorry i am not good at explaining myself . I point out that I was forced to go on to JSA . The job coach who saw me realised I was not fit and advise I use the extended period of 13 weeks sick allowance while I waited for the reassessment. This ends in one week .

The idea of working after a long time away from the workplace will be a daunting one, but surely not a reason to write yourself off. Are you not willing to consider taking steps towards work?

FBaby

I am 60 and not worked for several years due to my problems the stress of having to face the prospect of attending work assessment /job centre and the realization of a very slim positive work search out come is sending me to edge of despair, again !

This reason is however different to the medical reasons you are putting forward to say you can't work. The problem is that by making such statement, you are making it sound as if because you are anxious about the prospect of going back to work after a long time off, which everyone would feel, you are looking at what medical ailments you can put forward to support the decision.

Either you have medical conditions with evidence that these are preventing you from working at this time, or you don't and in this case, you are fit to look for work, but need a lot of support to build your self-confidence and relieve your anxieties going through it.

Alice_Holt

pmlindyloo wrote: »

Alice, can you ask for a supersession in these circumstances - based on new condition/significantly worsened condition? Can one be done along side an appeal on the original decision?

My inclination would be to continue with an appeal of the original decision.

Although the tribunal will be considering the OP's condition at the date the DWP made the decision, the fact that a pre-existing condition has worsened shouldn't work against the OP. The OP will obviously need to demostrate that the relevant descriptors applied at that decision date (medical evidence from the OP's GP would be very helpful).
If successful then the award is backdated to the decision date (often 4/5/6 months previously).

As the ESa award has now been terminated, I'm not sure that a supersession request is available to the OP.

The OP could put in a new ESa claim on the basis of a new condition / significantly worsened condition, but the DWP are likely to argue that the condition is not new / significantly worsened. So at that tribunal the first task is to prove there is a new condition / significantly worsened condition before setting out how the ESa descriptors can be meet.

If unsuccessful at the tribunal for the original ESa decision, the OP could re-apply for ESa but would need medical evidence / GP's letter confirming a new condition / significantly worsened condition.

I think the OP should continue with the ESa appeal. Particularly if:
The ESa 50 form was strong;
Provide relevant evidence / examples to show how the 15 points / Reg 29 or 35 apply at the date of the DWP decision;
Have confirming medical evidence / letter from GP or other health professional relating directly to the relevant descriptors.

NeilCr

Having read this post and looked at the earlier threads from the OP on ESA I am still very inclined that some kind of ongoing support/help would be very beneficial.

Again I'd ask OP if you have made contact with CAB. You say that there is only one session per week in your town. Have you been/are you going to go? Because establishing communication with them would help over the long term - and this is quite complicated and may continue to be so - notwithstanding Alice's excellent input

Alice_Holt

stapeley wrote: »

. The job coach who saw me realised I was not fit and advise I use the extended period of 13 weeks sick allowance while I waited for the reassessment. This ends in one week .

This could be useful evidence for your appeal.

The most helpful evidence would be a letter from your GP confirming significant risk to your health if found fit for work.

Once your appeal is lodged with the Tribunal Service (and notified to the DWP), you can request the DWP resume ESa payments pending the appeal.