ESA has been stopped

[mrsdabber]

Please could someone advise me I have just received a phone call to say my ATOS assessment has reulted in a nil assessment. My benefit ESA has been stopped as of yesterday. What do I need to do Help please so stressed

[danechip]

Ouch. Me too princess. First of all APPEAL. and g et proper help from docs and maybe CAB. APPEAL right away. This will be an hour sitting in front of a doctor. But this will only buy you some time, currently 9 months (ish).

 

You have them to produce doctors notes continously every month, 3 months or what ever until you get the appeal date.

 

I were told in mine that since i could use my arms and walk 100 meters, I can work. I had to go onto JSA.

 

It wil be ok in the mean time, and not knowing what sort of condition you have, Even if I did, they have made the decision and made extra for finding you fit for work.

 

So, APPEAL, see docs as soon as you can and get them sick notes in to stop you losing benefit.

 

Hope this helps as a realy quick answer.

 

Dan. (failed ESA, nil points)

[Nystagmite]

I second appealing. And get with it and get as much evidence as you can. (letters from GP, consultants, etc)

[mrsdabber]

So can I send a letter of appeal to try to get my benefits reinstated??? Surly if I claim JSA im admitting that Im fit to work??? I dont understand how the system works and feel so scared. What am I supposed to live on. I have a dependant living at home. Im in receipt of high rate mobility. I do not have a diagnosis as yet im still being looked at by professionals. I basically cannot walk very far maybe a few steps. I hired a wheelchair to go to the assessment as the refused a home visit even though my doctor did a letter requesting this. I self propelled myself into the room and I think this is what they have based their decision on. I have told them I hired the wheelchair purley for this appointment and that I do not own one. How am I supposed to get to work when I cant even get out of my house due to steps without assistance. (( Even the assessor had to help me out of the wheelchair at the assessment and help me use the table in the room to steady myself.

[danechip]

No. Call and tell them im AM APPEALING right NOW. Then you will need a doctors certificate to cover you, but by saying you are appeling. Then get down the DWP or download a form and fill out the appeal as soon as you can before even waiting for the standard for to be returned in the post. Try and get one in as soon as you can. This will then be the process in motion. But that 0904 ending number you should call as soon as you can.

 

As for the rest of your question. You can use your arms to power a chair, you can write and use a laptop, therefore fit for work. These people are nasty.

 

I have managed to find work since, but really is a struggle to get there and do it, but hey. Try your best.

 

Dan.

[mrsdabber]

Dan I have told them on the phone today that I am appealing is this what you mean???. I have downloaded the form and completed this but cannot print things. what is the phone number 0904 you talk about. I have also requested a copy of the medical report.

[estellyn]

You don't have to claim JSA, ESA will be paid while you appeal as long as you continue to send in med certs. You can appeal by letter or by completing form GL24 which you can download online - just saying on the phone you want to appeal is not enough, it needs to be in writing. Send any supportive evidence you have. You need to appeal within one month of the date on your decision letter saying you've been found fit for work.

 

Once the appeals section receive your appeal and med cert, it will take them a few weeks (between 2 and 4 usually) to process your intent to appeal. Once processed, your ESA payments will resume at the assessment rate.

 

the DWP will then look at their decision again and if they can't change it they will send your case to the Tribunals Service for a hearing where you can attend and present evidence.

 

Here is a sticky by honeybee on the process

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information(3-Viewing)-nbsp

[**Margaret**]

:mrsdabber:

 

Have a look at pages 10 -12 and 17 - 27 of;

 

http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@disabled/documents/digitalasset/dg_177366.pdf

 

Should you believe you meet the criteria for an award of employment and support allowance you should appeal as soon as you receive written notification of the decision. Appeals have to be in writing, either a letter or a GL24 appeal form. If you can't find access to a printer you can get a form from your benefit centre or any jobcentre. Jobcentreplus won't accept appeals via phone.

 

If your doctor will write Med 3 (unfit) notes you'll be able to claim assessment rate employment n support (subject to a limit of 365 days for a contributions based award) until the outcome of an appeal.

 

CAG has a guide to appeals at;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737Appealing-or-going-to-a-Tribunal-Some-useful-information

 

The first activity in the test considers how far a claimant can mobilise in a manual chair, as well as how far s/he can walk, in a reasonable time. Work out how far you can manage, then explain why you can't get any further.

 

Sincerely, Margaret.

Edited August 14, 2013 by **Margaret**