ESA Mandatory Reconsideration Help

sharpenough

I was claiming the Assessment rate ESA up until about a about a week ago when the ESA's "Decision Maker" came to the conclusion the i had scored 0 points at my heath assessment.

I made the claim in October 2016 following a Motorcycle accident in July.

To keep a long story short, the NHS missed a fracture to my ankle, it then took them 6 months to get an MRI scan & a further month for me to get a diagnosis of an "osteochondral fracture" which is basically fractured cartilage in my ankle.

I am now awaiting arthroscopy surgery which i have been told will be within the next 2-3 weeks as i have been referred to a Nuffield hospital.

What the ESA's decision maker has suggested is that i get a wheelchair for the next 2/3 weeks, find work & then claim ESA again as i will be unfit to work following the surgery for between 6 - 12 months.

Currently, some days i can walk relatively normal with the use of crutches but the following day i will will suffer as a result &barely be able to get about my house.

I have now made a mandatory reconsideration & the ESA have advised me to claim jobseekers allowance in the meantime whilst i am awaiting the outcome.

I have the first appointment this coming friday & i am abit concerned as to whether i should be attending & signing the agreement as i feel at the moment i am unfit for work.

I am usually due a payment from ESA today & literally have nothing left after getting taxi's to the hospital & my general living expenses.

I just need some advice as to where i stand, if i should be attending this jobcentre appointment & any help that would be available to me at the moment

J

TELLIT01

Claiming JSA / UC is your only option until you have the result of the Mandatory Recon. Job Centres are used to people putting in a claim in your situation so there shouldn't be an issue, particularly as you will have a valid claim shortly anyway. I'm not sure what will happen to your MR / appeal though if you put in a new claim with a different incapacity. That needs to be checked out.

pmlindyloo

To answer your specific question.

You have officially been found fit for work so you can claim JSA.
You must start your JSA claim so need to attend the first appointment.

After your JSA claim is agreed then you can go on an extended period of sickness (up to 13 weeks) by giving Job Centre a fit note from your doctor.

Starting your JSA claim should ensure a smooth transition fro ESA to JSA and for any HB and CT reduction you are claiming.

The Red Cross will loan you a wheelchair if you need one.

When you had your ESA assessment were they aware of the most recent findings about your ankle, your operation and did you have medical evidence to support this?

You can put in a new claim for ESA due to a new condition or significantly worsened condition. Your doctor would have to write either of these words on your fit note for a new ESA claim.

Would welcome other input from members about continuing with the reconsideration or starting a new claim. (depending on the answer to my question)

poppy12345

pmlindyloo wrote: »

Would welcome other input from members about continuing with the reconsideration or starting a new claim. (depending on the answer to my question)

I would stick with the Mandatory. Purely because if a new claim is start based on worsening condition then if placed in the WRAG the new rules would apply. If it was me would i want to start the whole process again.. No.

sharpenough

Thanks for the replies

When you had your ESA assessment were they aware of the most recent findings about your ankle, your operation and did you have medical evidence to support this?

When i went to the assessment i took letter showing the diagnosis & i was due to see the surgeon the following week so at the time i didn't have the patient agreement for the surgery.

I also made a complaint through the NHS PALS service which i took hoping it would prove to that i am trying whatever i can in order to get the issue resolved & back into work ASAP.

I just can't understand the DWP logic behind it, in my decision letter it stated
" The decision maker has considered that a wheelchair could be obtained through the NHS wheelchair service if required, the use of a wheelchair would enable "name" to mobilize more than 200 meters so he could engage in the labour marker by being able to mobilize in a fully accessible area and if he has the inability to store a wheelchair at home, it would be a reasonable adjustment for the wheelchair to be stored at the employers premises if necessary"

I don't see how i am supposed to use a wheelchair to get to & from work, but leave the wheelchair at the employers premises....as I'm living in shared accommodation i genuinely don't have the room to keep one.

Also, by going to the JSA appointment & signing it aren't I technically agreeing that I am wiling & capable of working?

nannytone_2

they won't consider where a wheelchair could be stored though.

as with the imaginary wheelchair itself, all the consider is if you could use one.

if they consider you can, and this is the only thing that keeps you from working, then I'm afraid, even at appeal, you would be unsuccessful

pmlindyloo

nannytone wrote: »

they won't consider where a wheelchair could be stored though.

as with the imaginary wheelchair itself, all the consider is if you could use one.

if they consider you can, and this is the only thing that keeps you from working, then I'm afraid, even at appeal, you would be unsuccessful

Sorry, but this is not entirely true.

An Upper Tribunal ruled that other considerations should be given other than the physical ability to use a wheelchair.

Read this:

https://www.disabilityrightsuk.org/how-we-can-help/benefits-information/law-pages/case-law-summaries/selected-upper-tribunal-decision-3#cse1512012

OP, I suggest that you get help for your reconsideration from CAB or a welfare adviser.

And to answer your other question about JSA. You have been found fit for work by the DWP and this, at the moment overrides any opinion of yourself, your doctor etc.

It is as it is so you need to claim JSA and then go on a period of extended sickness.

When seeking help from someone about your reconsideration/appeal please ask about starting a new claim. You do have to be aware of the point made about the reduction of money for the WRAG group.

sharpenough

I have made an appointment with the CAB for tomorrow morning now, so hopefully they'll be able to point me in the right direction.

Regarding the fit note for the 13 weeks whilst claiming JSA will this need to be a new one or can I use the one that ESA currently have which is until September?

Again thanks for the help!

pmlindyloo

sharpenough wrote: »

I have made an appointment with the CAB for tomorrow morning now, so hopefully they'll be able to point me in the right direction.

Regarding the fit note for the 13 weeks whilst claiming JSA will this need to be a new one or can I use the one that ESA currently have which is until September?

Again thanks for the help!

Not sure, sorry. Suspect you need a new one. Something to ask CAB.

I am glad that you have an appointment as this is a bit complicated because you are going to have an operation in a few weeks.

I do know that the rules state that you cannot be on an extended period of sickness for JSA and make a new claim for ESA so do make sure you get advice before making a decision on what to do.

Please come back and tell us how you get on.