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Thread: New ESA claim denied, after years of receiving it.

  1. #1
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    Question New ESA claim denied, after years of receiving it.

    Hi,

    I suffer from agoraphobia, anxiety and depression, and have done for the last eight years. For most of that time I claimed ESA and was placed in the support group. Last October I had a breakdown that lead to me severing five months at Her Majesty's pleasure; I won't bore you with the details. Anyway, after my release back into the wild I tried to claim ESA once more.

    Last week was my face-to-face assessment. A few days ago I received a phone call from the job centre, unfortunately I missed it. I have read that if they call you, it's because they want more information to make a decision. When I called back I was informed that my claim for ESA had been denied.

    I was told to claim JSA while I wait for a mandatory reconsideration. I put that claim in yesterday and am waiting for an appointment with them. They are also sending me a copy of the medical report in the next few days.

    I've have another assessment on Monday, this time for PIP. My anxiety levels are though the roof and my suicidal thoughts have returned. I've claimed in the past, the eligibility criteria hasn't changed, and my condition hasn't either. I'll just can't understand why my claim has been denied.

    My question for you are:
    Will claiming JSA impact my ESA mandatory reconsideration?
    How long will it take for a reconsideration? (I think I already know the answer )
    Did missing that call help them to decide against awarding me ESA?
    Should I seek help from Citizens Advice, or would I be wasting their time?
    Do I stand any chance of getting PIP now that my claim for ESA has failed?
    Should I go back to my doctor and explain that my condition is now worst because of the stress of this situation? And if so, will that help in the reconsideration process?

    Thank you for your time and I appreciate any advice you can give me.

  2. #2
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    Quote Originally Posted by hippie View Post
    Hi,

    I was told to claim JSA while I wait for a mandatory reconsideration. I put that claim in yesterday and am waiting for an appointment with them. They are also sending me a copy of the medical report in the next few days.

    I've have another assessment on Monday, this time for PIP. My anxiety levels are though the roof and my suicidal thoughts have returned. I've claimed in the past, the eligibility criteria hasn't changed, and my condition hasn't either. I'll just can't understand why my claim has been denied.

    My question for you are:
    Will claiming JSA impact my ESA mandatory reconsideration?
    How long will it take for a reconsideration? (I think I already know the answer )
    Did missing that call help them to decide against awarding me ESA?
    Should I seek help from Citizens Advice, or would I be wasting their time?
    Do I stand any chance of getting PIP now that my claim for ESA has failed?
    Should I go back to my doctor and explain that my condition is now worst because of the stress of this situation? And if so, will that help in the reconsideration process?

    Thank you for your time and I appreciate any advice you can give me.
    Claiming jsa whilst you are waiting for the MR should have no bearing on your ESA MR or Appeal should the MR not overturn the WCA decision, Have you asked for a MR yet? best done via snail mail sent recorded,if you wish to outline what you are disagreeing with maybe wait until you have the esa wca report
    In the mean time you should start the process of claiming jsa, The MR process doesn't have a time limit or target, there is supposed to be an unwritten rule that says they should be processed within 3-4weeks, but it will depend on how many mr's they have to process at any given time
    Missing the call ,hard to say on that
    CAB or welfare rights they are there to offer advice an help some areas they will attend your tribunal hearing as your representative
    or failing that possibly do a written submission instead, i would say its very important that you gather as much medical evidence of your conditions if you haven't already done this, also a letter from your GP explaining how these conditions affects you,

    Also if there is a break in payments it may be wise to contact the council if your getting HB & CTR and declare no income so they don't stop paying that, And you can now go sick on JSA upto 13weeks (extended period of sickness) with a fit note from your GP but this will likely not excuse you from signing on, but you have to open the JSA claim first

    As for telling the DWP that your condition has worsened it wont affect the decision or MR as it is all about how you where on the day of the WCA , You can however start another esa claim but they would need evidence that there had been a significant worsening of your conditions, if they didn't except this you wouldn't be paid esa until you had been re assessed by the maximus goons, again

  3. #3
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    Thanks for the reply Tom, it was very helpful.

    I'll phone the surgery first thing, then make an appointment to see the CAB. The fact that the DWP only care about how I was at the assessment annoys me. Many people that have mental health problems, have good days and bad days. Unfortunately, the day of my assessment was one of my better ones.

    I haven't started the MR process yet; I was told to wait for the medical report and letter confirming that the claim has been denied. I've applied for JSA online and expect an appointment in the next few days. Will I need another sick note, or can they use the one they already have? Another trip to the doctor really wouldn't help my state of mind right now.

    Would a letter from the probation service would help my case? They know the problems I face day-to-day better than my doctor.
    Last edited by hippie; 16-08-16 at 03:34.

  4. #4
    paul446
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    YES go to CAB asp and get ready for an appeal its vital CAB get your appeal lodged within the time , once this is done you will get £73 a week appeal rate if your doctor will cover you with sicknotes till the appeal..

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    Hi Hippie, Just wanted to add in addition to above, that although you haven't yet received letter confirming your claim for ESA has been denied, you have 4 weeks from date of this letter to send in mandatory reconsideration.

    Even if you haven't received medical report so you can comment and add further information to be included in mandatory reconsideration, it is important that your request for MR is still sent off within 4 week time limit. If this is the case, you can notify them that you will be sending in additional documentation and ask that no MR takes place until they have all evidence you wish to send in.

    (NB for mods-this is the 3rd time I have attempted to send this post-first 2 attempts said post was too short and had to be more than 20 characters! Can these and other gremlins be ironed out as am aware of others members thoughts on separate post on this matter. MT's).

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    Thank you for the advice Paul and Spencer. I'll give the CAB a call and also make sure the my request for MR is sent in by the deadline. I feel that this may be a long road with many potholes. Onwards I go....
    Last edited by hippie; 16-08-16 at 13:35.

  7. #7
    paul446
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    Quote Originally Posted by hippie View Post
    Thank you for the advice Paul and Spencer. I'll give the CAB a call and also make sure the my request for MR is sent in by the deadline. I feel that this may be a long road with many potholes. Onwards I go....
    yes its a very long road of stress and sleepless nights , I suppose they hope people will just give up..
    keep going and don't put much faith in MR but just make sure the appeal date is not missed !! I don't often hear good reports of MR but appeals are much more in your favour..

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    I would also be prepared to answer how you managed these conditions while in prison. If it goes to appeal, i'm pretty sure they may ask.

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    Quote Originally Posted by Gentlegiant View Post
    I would also be prepared to answer how you managed these conditions while in prison. If it goes to appeal, i'm pretty sure they may ask.
    I spent my sentence in segregation, speaking only to the staff when absolutely necessary. Most were understanding and helped me when they could. 23 hours a day behind a locked door, for five months, that's nothing compared to being out of prison but still a prisoner in my own home and mind.

  10. #10
    I would likewise be set up to answer how you dealt with these conditions while in jail. On the off chance that it goes to bid, i'm almost certain they may inquire.

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