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swift640s

Work Assesssment for ESA - 6 points scored....ESA no longer available

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Hi,

 

My son had his work assessment earlier this year and he has just received his letter advising him that in the assessors opinion he is capable of work although the writer has recognised that he suffers from anxiety and depression this does not pose any risk to either himself or others in a work place. Where his 'illness' is more of the mind than the body he was able to demonstrate good mobility etc and therefore scored nothing.

 

So the question is where does he go from here, and which is the department most likely to be of assistance to him.

Will he be entitled to his housing benefit? will he have to reclaim that element of his monies? Same applies for council tax. Which living money would he be entitled too? UCredit/JSA/others?

 

Help much appreciated people, in advance.

 

Thanks to all.

swift640s (aka worried mum)

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I would say if he has been declared fit for work it will be JSA

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The first thing you/he should do is look at the descriptors (http://www.legislation.gov.uk/uksi/2011/228/contents/made, Schedule 1) and decide if you think the award of 6 points is appropriate - if you read other ESA threads you will find that people are often given fewer points than they should receive.

 

Your son has 4 weeks from the date of the notice to query the result so this needs to be done quickly. You could also ring DWP and ask for a copy of the report - again, it's not unusual for people to think they've received someone else's report by mistake as the information recorded bears no resemblence to what was actually said.

 

If there's any chance that the assessment is wrong, then mandatory reconsideration (waste of time, but has to be done as part of the process) then an appeal should be the next step.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Hi,

 

My son had his work assessment earlier this year and he has just received his letter advising him that in the assessors opinion he is capable of work although the writer has recognised that he suffers from anxiety and depression this does not pose any risk to either himself or others in a work place. Where his 'illness' is more of the mind than the body he was able to demonstrate good mobility etc and therefore scored nothing.

 

So the question is where does he go from here, and which is the department most likely to be of assistance to him.

Will he be entitled to his housing benefit? will he have to reclaim that element of his monies? Same applies for council tax. Which living money would he be entitled too? UCredit/JSA/others?

 

Help much appreciated people, in advance.

 

Thanks to all.

swift640s (aka worried mum)

 

You have the option to ask for a reconsideration on the decision and thereafter if that fails an appeal swift640s.

 

Is your son on any medication for his condition, if, so, was this taking into consideration. SF

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I would say if he has been declared fit for work it will be JSA

 

It would be either JCA or Universal credit depends if UC has started in the area you live in, but I would also add has he asked for the Mandatory reconsideration of the ESA assessment results? Have you requested a copy of the report to make sure they have been honest and not left anything out?

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Thank you all so much for your advice's I will pass this on to him and see where it leads.

My concern is that JSA is criteria specific in so much as you must be actively seeking work daily and with mental health issues I am not sure he will meet that criteria... time will tell

 

thank you all

swift640s

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