esa result

willoswonka

i have just had a phone call from esa regarding my assesment and i have scored 0 points and they have found me fit for work (which im not)

what can i do ?

poppy12345

I would ring them first stating you want the Mandatory Reconsideration then put it in writing. Sending in more evidence would be good also. Most MR decisions remain the same so be prepared to take it to Appeal Tribunal. You'll need to put a cliam in for JSA in the meantime otherwise you won't get any money. I believe after the first visit to Job centre you can send in a sick/fit note for extended sick for up to 13 weeks. I'm not 100% sure on the process of this but i'm sure someone will come along and advice you further. Being in a wheelchair doesn't mean you're not capable of doing some type of work tho.

Mojisola

You'll get useful advice from the FB group - M.E. & chronic illness benefits advice group

Muttleythefrog

Agree with above.. and obviously make sure you request the ESA85 medical report (presume you had face to face assessment) if they don't supply it as standard with the decision letter. You'll have month to make reconsideration request in writing. Good luck.. and remember many do overturn decision like this.. especially at appeal stage.

Alice_Holt

See if can get help with the appeal from your local CAB / advice agency.

Some useful resources re appeals here:
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/challenging-an-esa-decision/
https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-appeals
http://www.advicenow.org.uk/guides/how-win-pip-appeal
The last guide is written for PIP appeals, but the process is virtually the same. It's a very useful guide to navigating the appeal process.

ESA activities and Points:
https://www.benefitsandwork.co.uk/employment-and-support-allowance/start-the-esa-test
Don't forget Regulation 29 & 35
http://www.cpag.org.uk/content/making-exception

This is nicked from the B & W guide re variability and repeatedly:
"It’s very important that, before you complete your questionnaire, you understand that just
because you can carry out an activity that doesn’t mean you are prevented from scoring
points for being unable to do it.
This is because if you can perform an activity, but it causes you problems such as:
• severe discomfort,
• pain,
• breathlessness,
• extreme fatigue.
or if you could do it once but couldn’t repeat it within a ‘reasonable’ space of time or with
reasonable regularity or safely then that may count as being unable to do it.
So, for example, you may be able to walk or wheel your wheelchair 100 metres but you are
actually in severe discomfort after only 50 metres, then you should argue that 50 metres is
the limit of your ability.
Or perhaps you can stand for 10 minutes without help from another person. But because of
your ME/CFS you would be so exhausted at the end of that period that you would have to go
and lay down for hours and might not be able to stand again for any length of time for hours.
In that case you should argue that you are not able to stand for 10 minutes because you
cannot do it with reasonable repeatability."

Good luck