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ESA stopped
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Once you get the letter from DWP you can request a Mandatory Reconsideration if you believe the information on there isn't totally correct - I suspect you will think that. The MR is unlikely to change the decision so the next step is to lodge an appeal against being disallowed. The information about that is in the link provided by pmlindyloo.
You do need to bear in mind that the ESA medical assessment isn't about being able to return to your existing job, even if it is still being held open for you. They are assessing your ability to do ANY job. The person you spoke to is correct that pain should be controllable in most instances, maybe you should be speaking to your GP about getting that element under control.
I appreciate that it's a difficult time for you but there's no point in anybody sugar coating the pill and suggesting that the process of getting a decision reviewed is an easy one.0 -
The thing is, the pain is constant and bad. Twice last week I made a slight movement that sent my back into spasm, this is why I feel I wouldn't be able to work comfortably. Financially we are just about managing at the moment, but that won't last. It's just annoying that I have been in employment for 20 years and never asked for handouts before. I feel like the system just doesn't care.
Oh, and my specialist has said he will write a letter for me stating the in his opinion I can't work with this condition.0 -
ChrisB1976 wrote: »I need some advice regarding what to do as my ESA has been stopped after my assessment.
The ESA was stopped because I can 'walk 200 metres, sit for 30mins and walk up two steps'.
You have to be able to do these things 'repeatedly, reliably, safely' and without causing significant pain.
You need to challenge the assessment.0 -
ChrisB1976 wrote: »The thing is, the pain is constant and bad. Twice last week I made a slight movement that sent my back into spasm, this is why I feel I wouldn't be able to work comfortably. Financially we are just about managing at the moment, but that won't last. It's just annoying that I have been in employment for 20 years and never asked for handouts before. I feel like the system just doesn't care.
Oh, and my specialist has said he will write a letter for me stating the in his opinion I can't work with this condition.
It doesn't matter whether your specialist thinks you can't work. It's whether he agrees you can't walk far enough, or sit long enough, or walk up enough stairs to fit the ESA descriptors. That's what he needs to concentrate on in his letter.
His opinion also won't count for more with the DWP than the healthcare professional who did the face to face assessment.Unless I say otherwise 'you' means the general you not you specifically.0 -
ESA Support Group descriptors here. You'll need to satisfy at least of of these to be placed into this group. https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors
WRAG descriptors here. https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1354-work-related-activity-group-descriptors
A letter from your GP stating in his opinion that you can't work with this condition isn't going to help you.
Another thing to think about is if you have a partner that works unless you're placed into the Support Group then Contribution Based ESA is only payable for 1 year. After this your money will stop. If you do have a partner that works then you need to look at the Support Group descriptors in the link above to see if you statisfy any of those.
ESA is about the work you CAN do and not the work you can't do.0 -
poppy12345 wrote: »ESA Support Group descriptors here. You'll need to satisfy at least of of these to be placed into this group. https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors
WRAG descriptors here. https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1354-work-related-activity-group-descriptors
A letter from your GP stating in his opinion that you can't work with this condition isn't going to help you.
Another thing to think about is if you have a partner that works unless you're placed into the Support Group then Contribution Based ESA is only payable for 1 year. After this your money will stop. If you do have a partner that works then you need to look at the Support Group descriptors in the link above to see if you statisfy any of those.
ESA is about the work you CAN do and not the work you can't do.
And don't forget regs 29 and 35!
http://www.cpag.org.uk/content/making-exception0
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