ESA Decision this is SO wrong

epitome

Ok let's clear a few things up.

It may seem to some of you that to make a decison without the ESA50 is "wrong" but legally it is acceptable. No point talking any further about this, just include your copy of your ESA50 with your Man Recon.

To claim JSA you MUST claim by phone 08000 556688 option JSA without internet access.

To claim JSA you MUST say I am available to work and I am looking for work. You MUST go to your first WFI at the jobcentre and agree to look for work, and agree to do everything the Jobcentre advisor asks you to do. You MUST continue to do this and attend your sign on, up to the point that you receive the first payment of JSA (STBA not included). Once you have had your first payment of JSA you can show the jobcentre a sicknote and ask for an extended period of sickness to begin, if this is accepted you will not have to sign on again for the next 13 weeks.

Make sure any letter from the doctor actually supports specifically on the ESA descriptors or supports you on Risk (Reg 29 or Reg 35), no point having a doctors letter that says "Mrs Claimant can barely walk" because that means nothing to a Decision Maker. The ESA mobilising categories are 50m 100m 200m and include self propelling a manual wheelchair if walking is not possible.

Just write your letter requesting a Man Recon (you do not need a form for this) and when you are ready, phone DWP and ask for an appointment at the Jobcentre to have it and your other evidence sent electronically to ESA. (post it at your peril)

When you have subsequently appealed and you have your letter from Tribunal. You MUST first close your JSA claim. Then you can write a letter requesting ESA to be reinstated on appeal, you can phone up DWP and ask for an appointment at the jobcentre to have your letter and your Tribunal letter and your sicknote (if necessary) scanned to ESA. ESA can use any sicknote you have shown to the jobcentre for your JSA claim as long as it is noted on your records. (do it any other way and expect it to be easy at your peril)..... To any other readers who are not the OP...This advice of being paid on appeal, is specifically tailored to the OP...the OP WILL be paid on appeal, YOU may not be.

Did you say you get PIP? what rate/type of PIP do you get?

micky2phones

epitome wrote: »

Ok let's clear a few things up.

It may seem to some of you that to make a decison without the ESA50 is "wrong" but legally it is acceptable. No point talking any further about this, just include your copy of your ESA50 with your Man Recon.

To claim JSA you MUST claim by phone 08000 556688 option JSA without internet access.

To claim JSA you MUST say I am available to work and I am looking for work. You MUST go to your first WFI at the jobcentre and agree to look for work, and agree to do everything the Jobcentre advisor asks you to do. You MUST continue to do this and attend your sign on, up to the point that you receive the first payment of JSA (STBA not included). Once you have had your first payment of JSA you can show the jobcentre a sicknote and ask for an extended period of sickness to begin, if this is accepted you will not have to sign on again for the next 13 weeks.

Make sure any letter from the doctor actually supports specifically on the ESA descriptors or supports you on Risk (Reg 29 or Reg 35), no point having a doctors letter that says "Mrs Claimant can barely walk" because that means nothing to a Decision Maker. The ESA mobilising categories are 50m 100m 200m and include self propelling a manual wheelchair if walking is not possible.

Just write your letter requesting a Man Recon (you do not need a form for this) and when you are ready, phone DWP and ask for an appointment at the Jobcentre to have it and your other evidence sent electronically to ESA. (post it at your peril)

When you have subsequently appealed and you have your letter from Tribunal. You MUST first close your JSA claim. Then you can write a letter requesting ESA to be reinstated on appeal, you can phone up DWP and ask for an appointment at the jobcentre to have your letter and your Tribunal letter and your sicknote (if necessary) scanned to ESA. ESA can use any sicknote you have shown to the jobcentre for your JSA claim as long as it is noted on your records. (do it any other way and expect it to be easy at your peril)..... To any other readers who are not the OP...This advice of being paid on appeal, is specifically tailored to the OP...the OP WILL be paid on appeal, YOU may not be.

Did you say you get PIP? what rate/type of PIP do you get?

Hi, Very well written and put, i seem to know bits of what you have put but couldnt get it all in one post. Thank You

flyer2306

Hi everyone,
I have some news today. I received a letter which is a response from Maximus in regards to my WCA done back in September which has resulted in my ESA being stopped as fit for work.

Forgive me for not understanding the letter correctly, but from what i gather it seem like they have kinda upheld my complaint? I will type the exact wording of the letter below. There are just certain words phrases that confuse me.

A Medical Adviser has been assigned this complaint. The medical adviser has stated that the evidence gathered was, in his view insufficient. He says the healthcare professional was having some difficulty with recording a typical day of the claimant. The healthcare professional should have probed more and attempted to get more information about how the claiment copes with changes, for example with going out, how he copes with gp appointments and changes to them or the GP he sees.
The medical adviser has commented that the claiment was distressed and there is evidence he struggles with changes.
It was clear after listening to the audio recording that the claiment was struggling with the assessment and therefore he is says he is not clear that the healthcare professional had gathered enough evidence to be able to support the chosen descriptors for coping with change, getting about or coping with social engagement.
Consequently the medical adviser is not persuaded the full effects of all the claimants conditions have been sufficiently explored or investigated in enough detail.

I am sorry for the above identified deficiencies, this has been fed back to the healthcare professionals manager who has taken appropriate actions with them.
In addition to this i have brought the findings of my investigation to the attentions of the DWP office dealing with the claimants claim and they will contact him directly regarding any action they may take as a result.

Does this look like it has discredited the assessment report? I can't work out what might come of this complaint as they have already stopped my ESA. But it seems its now clear they have stopped my ESA with a flawed report. Thankfully this has arrived just before i send off my mandatory reconsideration as i will include a copy of this. And to think the healthcare professional wrote coped well at interview on the report, And on my decision notice the DWP used that coped well at interview as part of stopping my ESA.

I guess i'm just now wondering what will happen. The thought of having to go through another assessment as this has proven the one i did go to was not fair.

Tommo1980

I think you have a chance of a positive MR.

There is also a chance you may have to attend another WCA, or have your MR rejected and have to take it to appeal.

Based on the info given I would stay hopeful that ESA would be reininstated without further ado.

Tom

flyer2306

I really hope so... Who knows what might happen now... Got my JSA interview next week.. Would be nice for ESA to be reinstated before that

Fluffybunny80

do you have any further updates op?
positive ones I hope ��

Morglin

Foxy16 wrote: »

Op, I experienced exactly the same as you, apart from the assessment was not recorded. Assessor did not ask how my conditions affected me and a lot more. Unbeknown to me he did not have my ESA50 I found that out later. I took a further 25pages of medical reports from Neuro, Rheumatologist, xrays and mri which he did not even look at..... Got 6 points.

After receiving the accessors report and noting all the inaccuracies, I sent a letter of complaint to Maximus with a copy of this to my MP.

DM did not change the decision at MR, but stated that although he did not have the ESA50 to hand the accessor had. This was a lie as Maximus replied to my complaint (took them 14wks to do this!), stating that the assessor had no ESA50 or medical reports due to DWP mislaying my files. They apologised profusely, no amount of apology can make up for the hell they have put me through.

By now I had sent my Tribunal form off, and got a phone call from DWP saying they were reinstating my ESA due to inaccuracies, but I would have to go for another assessment, which I accepted being desperate for money, so tribunal was cancelled. I have this ESA assessment in 2wks time, and the following week my PIP tribunal, I am so petrified and stressed and in hell of a state. Wish now I would have refused the ESA and went to tribunal, as there is no guarantee that this assessment will be any better.

This has been a year from hell as my DLA ended and got refused PIP, so fighting that as well. The incompetence and rudeness I have experienced is unbelievable plus the amount of money I have had to pay phoning their long winded telephone system, which when you have lost money you cannot afford.

I really feel for you, it is so unfair.

A good tip, used by many, is that when you fill out the ESA50, and collate your evidence, send the original ESA50 and your evidence to the HCP.

Send a copy of the ESA50, plus your evidence, to whatever department deals with your ESA.

Send both the same day, by recorded delivery, to the relevant places.

A friend of mine had her ESA50 physically altered by the HCP, and ESA refused, but because she had sent the copy to ESA dept., she could prove this, and she received an apology, and her full entitlement.

This also means there is less chance of an ESA50 and/or your evidence being lost between departments.

Lin