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Thread: esa medical failed

  1. #1
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    esa medical failed

    I failed my medical I have epilesy asthma ibs and tendon issues. I wondered where I stand as i sent a sick note in that runs til april will this affect me having to claim jsa til i sort esa out

  2. #2
    Senior Member nukecad's Avatar
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    Regarding your sicknote see Recent changes to the rules below.

    One important thing that you should try and get your head around is that the ESA Work Capability Assessment is not a medical.
    This is a common mistake that people make.
    Yes, we know that the term 'medical' is often used but it is not what is being assesed.

    What is being assesed is how your condition affects your ability to do work of any kind.
    Your particular condition is not important in this process, how it affects you functioning is all that counts.

    Whilst doctors and specialist reports can support your case they will not make your case on their own.

    You need to show, using the descriptors that they work to, that whatever your particular condition is you are not capable of working at the moment.

    This is the job that you face now for your Mandatory Reconsideration



    How Mandatory Reconsideration and Having to claim Jobseekers Allowance (JSA) works.

    Mandatory Reconsideration-

    Your first step is to start by following the instructions in the rejection letter you've received to request a Mandatory Reconsideration.
    You only have a month from the date on the letter to do this so don't hang about.
    (From now on keep notes of all phone calls and copies of all letters sent, get at least proof of posting for all letters).

    You should do this by first phoning them, saying that you want a MR and that you will be making a written submission.
    While on the phone request from them your Assessment Report (ESA85) and the Decision Makers report (LT54), these will help you to see why you were refused and what to concentrate on to try and get your points score increased.

    Use this information to write a letter explaining why you think the original decision was wrong.
    Just explain why you think you qualify for the points on the relevant descriptors.

    Don't go into things like "what the assessor wrote was I lie, I never said that". That is for a complaint not a MR.
    You are having another chance here to influence a Decision Maker with the facts, arguing with what the assessor wrote will not help.

    Claiming JSA whilst awaiting MR-

    Whilst you are waiting for the MR you will have to claim Jobseekers Allowance if you want to keep receiving benefit.
    If it then goes to appeal after MR you can go back onto assessment rate ESA until the tribunal decision.

    If you have been claiming JSA during MR then you have to ask to be put back onto assessment rate. The advisors are told not to ask you.
    Or you can stay on JSA, the jobcentres prefer you to stay on JSA but it's up to you.

    The Jobcentres are aware of this strange situation, when you sign onto JSA you tell them you are doing so because of an ESA MR and they don't give you the same claimant commitments as a regular jobseeker.
    (Be careful what you say though, if you refuse to do any jobseekers comitments at all they can refuse your JSA claim; they shouldn't but some bad advisors do).

    The fact that you are having to claim JSA in this situation has no bearing whatsoever on your MR (or your tribunal appeal if needed).
    The MR (and tribunal) can only consider the circumstances at the date of your original claim, not what has happened since then.

    If they try to give you commitments that are too difficult for you all you can do is remind them that you are awaiting a ESA reconsideration because you have ill health.
    Try to point out how you condition affects your ability to do the commitments they ask for.
    For example, they may ask you to do so many hours searching for jobs. As most of this is done on a computer these days say that you can do this at home but cannot manage to go to the Jobcentre multiple times a week.

    Unfortunately the current government stance is that having been refused your initial ESA claim you have been found fit-for-work and so have to claim JSA until found not-capable-of-work at MR (or until you appeal to tribunal).

    Recent changes to the rules mean that those claiming Jobseekers Alowance can have a period of 'Extended Sickness' for up to 13 weeks.
    So if you sign on to JSA during your Mandatory reconsideration, you should be able to supply 'sicknotes' and you can go immediately into this 13 week sickness period.
    Hopefully the MR will have been completed before these 13 weeks are up and you will have been awarded ESA or can go back onto assessment rate during appeal.

    Universal Credit Areas
    • Although new claims for Income Related JSA (and IR ESA) have been replaced by Universal Credit in some areas this is only for new claims that fit the 'Gateway Conditions'.
    • Claims for IR JSA (and IR ESA) are still valid if you do not satisfy the UC Gateway Conditions.
    • Currently Because your existing ESA claim has gone to Mandatory Reconsideration you do not fit the Gateway Conditions and so are still able to claim Income Related JSA during your MR.

    Contribution Based ESA or JSA is not affected by UC and you should be able to claim CB JSA during an ESA MR.
    (Although there is a six month limit for CB JSA, which in this case includes the time spent on CB ESA asessment rate).

    Housing Benefit and Council Tax-


    You should let your Council know what is happening, for Housing Benefit and Council Tax Relief reasons.
    They have probably already been informed by the DWP that your ESA has stopped.

    Again they are used to this situation with MRs now and as long as they know you should have no problems; or at least less problems than if you don't tell them.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  3. #3
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    I have been on esa since august 2014 can I still do sick notes for jsa claim. I have been supplying sick notes for esa all that time

  4. #4
    Senior Member nukecad's Avatar
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    The quick answer is yes.

    But, you have been supplying sick notes since August 2014?

    Was this your first WCA (medical) or was it a reassessment?
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  5. #5
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    It was the first one.

  6. #6
    Senior Member nukecad's Avatar
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    Cheers,

    All the above is relevent advice then.

    It just seemed a long time to be waiting for an assessment these days, they usually do them more quickly now.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  7. #7
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    I too am confused after 3 yrs on support group they scored me 0 points at assesment,due to register for JSA todaybut my GP has given me a sick note until January 2017...so what will I get while awaiting my MR ?????? what now

  8. #8
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    i handed in sick noets for around 1 year and got onto my mp for help then not so long after i got in touch i had an assessment i got put in WRAG for 2 years even tho you can only be paid for esa wrag for 1 year before you need to fill out the questionnaire again lol then i got put in support group.
    when you said you failed the medical do you mean you got struck off esa all together.
    i would if i where you ask for a mandatory reconsideration.
    also if need be go for appeal i just won my appeal for pip after 9 months

  9. #9
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    Getting enough points for IBS can be difficult especially if you haven't been referred to a specialist such as a gastroenterologist or dietitian
    or had an endoscopy , (Specialist input) though an endoscopy carries small risks, and may not provide any useful evidence, that your GP's diagnosis of IBS was correct or not, these are the things that they expect you to have done, then if you claim to suffer issues with incontinence they will want to know if you use continence aids such as pads or if not why they wouldn't be suitable for you,

    You could also create a diary on how your health conditions impact your daily living , such as unable to leave the house due to IBS flaring up, and how often you have accidents (if you have them) or how the pain and bloating affect you
    Last edited by tom34; 28-09-16 at 21:13.

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