Failed appeals for ESA

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Failed appeals for ESA

Post by Stressed6 on Sun Jun 04, 2017 10:10 am

Can I try getting ESA again? The assessor lies on the medical which didn't matter to anyone so I am still depressed etc, plus I never mevrtioned IBS or possible aspergers
Dunno if I can apply again or give it some time maybe? My doctors think I'm a liar whilst the latest effectively called me a hypochondriac plus he didn't even know how to diagnose aspergers whilst he doesbtvthunk I have it anyway

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Re: Failed appeals for ESA

Post by Mary_FV on Sun Jun 04, 2017 11:17 am

Stressed6 wrote:Can I try getting ESA again? The assessor lies on the medical which didn't matter to anyone so I am still depressed etc, plus I never mevrtioned IBS or possible aspergers
Dunno if I can apply again or give it some time maybe? My doctors think I'm a liar whilst the latest effectively called me a hypochondriac plus he didn't even know how to diagnose aspergers whilst he doesbtvthunk I have it anyway

Hello and welcome Stressed6

So sorry to read about your situation.

When you say failed your appeals, do you mean a Mandatory Reconsideration or have you attended a Tribunal and you received an unfavourable decision?

Have you received any support with the completion of your ESA forms.  If so, who has helped you?

Are you claiming JSA or Universal Credit now?
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Re: Failed appeals for ESA

Post by Absolut on Sun Jun 04, 2017 11:18 am

ESA can be applied for again within 6 months of a failed WCA if any condition has significantly deteriorated or if a new condition has occurred.
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Re: Failed appeals for ESA

Post by Stressed6 on Sun Jun 04, 2017 11:38 am

A combination of that Mary plus the assessor omitted stuff I said and then supposedly as I said there was no changes to some other lady that meant I somehow stopped being stressed etc

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Re: Failed appeals for ESA

Post by Admin on Sun Jun 04, 2017 12:33 pm

welcome to the site stresses6

what you will find out anything stress related or depression weather severe or not is being not recognized

did you record your assessment at all ?

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Re: Failed appeals for ESA

Post by Stressed6 on Sun Jun 04, 2017 3:28 pm

I got that plus didn't record plus their response was stupid as in a workplace they'd probably not support you

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Re: Failed appeals for ESA

Post by Caker on Sun Jun 04, 2017 4:04 pm

Hello Stressed, sorry to read of your situation.

Just for clarity, am I correct to assume that you applied for ESA/UC because you are suffering from stress? You also have IBS but you did not mention this on the form, if I understood that correctly.

Additionally, you suspect you may have Asperger's syndrome but you don't have a diagnosis of that, if I understood correctly. I also understand that you have not been referred to any specialist who could confirm the diagnosis of Asperger's as you have not really been able to progress that with your GP, who is not sympathetic, if I understand this correctly.

Am I also correct in my understanding that the work capability assessor produced a report that was not truthful i.e. did not sufficiently show your true situation regarding your mental health?
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Re: Failed appeals for ESA

Post by Stressed6 on Sun Jun 04, 2017 4:11 pm

Yes to all you've wrote Caker
It was stress and depression

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Re: Failed appeals for ESA

Post by Mary_FV on Mon Jun 05, 2017 9:07 am

I can only suggest 2 courses of action Stressed6,

1. Find another doctor who will listen to you and hopefully issue a Fit Note advising of new or worsened conditions, so that you can reclaim ESA/LCW UC. Some people find it easier to write things down.

2. You challenge the appeal outcome with some professional advice.

You can appeal to the Upper tribunal.

This must be on the grounds that the first tier tribunal made an error of law. The first thing that you need to
do is to ask for the statement of reasons from the tribunal. The statement of reasons is their reasons for why they have made the decision that they
have.

If you are given a negative decision on the day of your hearing you can request the statement of reasons from the Judge straight away. If you do
not ask for this on the day you have a month within which to request this and we would suggest even if you do ask the Judge on the day following
this up with a written request.

You may be eligible for free legal advice if you do appeal to the Upper tribunal. You can check your eligibility at www.gov.uk/check-legal-aid
We would advise you to seek further advice if your appeal is not successful and you wish to consider either of the above options. Make sure that you stick to the strict time limits for asking for a set aside or appealing to the Upper tribunal.

Other sources of help.

Citizens Advice Bureau
Offers advice on a range of issues and may complete a benefits check for you
www.citizensadvice.org.uk

Civil Legal Advice
Help with some benefit appeals for eligible people.
www.gov.uk/civil-legal-advice

Disability Information and Advice Line (DIAL)
To find your local DIAL office, contact Scope, 6 Market Road, London N7 9PW
Tel: 0808 800 3333
www.scope.org.uk/help-and-information/dial-groups

Disability Rights UK
Factsheets on benefits, tax credits and independent living. They produce a very
useful guide to appealing to the Upper tribunal and they also have a case law
section on their website.
www.disabilityrightsuk.org

Local councils
Some local councils employ welfare rights workers and/or may also have
information about other services in your area.
www.gov.uk/find-your-local-council

The Free Representation Unit (FRU)
You will need to be referred to the FRU by a referral agency and they can only
help people who have a hearing in London, the South East and Nottingham.
www.thefru.org.uk



https://www.actionforme.org.uk/uploads/pdfs/esa-appeals-factsheet.pdf


Last edited by Mary_FV on Mon Jun 05, 2017 9:30 am; edited 2 times in total (Reason for editing : typos)
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Re: Failed appeals for ESA

Post by Stressed6 on Wed Jun 14, 2017 8:53 am

Got a new note and he diagnosed it as different so I Hopefully that helps
Can I get help online with the forms if I can get ESA?

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Re: Failed appeals for ESA

Post by Mary_FV on Wed Jun 14, 2017 12:08 pm

Stressed6 wrote:Got a new note and he diagnosed it as different so I Hopefully that helps
Can I get help online with the forms if I can get ESA?

Hi Stressed6

Pleased to read you have a new Fit Note.  Has it been backdated to when you were last paid?

Online help:

New PIP guide and tool from Law for Life:
http://www.rightsnet.org.uk/Forums/viewthread/9796/

Benefits & Work:
http://www.benefitsandwork.co.uk

On-line Community Forum:
http://www.youreable.com/forums/forumdisplay.php/2-Benefits-help-amp-advice-on-disability-benefits-incapacity-benefits-ESA-and-DLA

Fightback4Justice (not a free service)
http://www.fightback4justice.co.uk/
https://en-gb.facebook.com/FightBack4Justice/

Other sources of help:

http://respectfulbenefits.forumotion.com/t67-pip-esa-advice-links

Welfare Rights in your area.
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Re: Failed appeals for ESA

Post by Stressed6 on Tue Jul 04, 2017 7:56 am

It's been the two weeks passed where they've supposedly created a claim
Now they reckon they reopened the old one but I'm sure it was a new claim?
Phoned yesterday at about 820 and got told if I hear from them it'll be because they have questions, day passed and nothing and yet there's still no payment either
This is ridiculous and stressing me out, I dunno if it's best to wait a day or contact them but too often contact is pointless

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Re: Failed appeals for ESA

Post by Caker on Tue Jul 04, 2017 8:22 am

Stressed6 wrote:Now they reckon they reopened the old one but I'm sure it was a new claim?

Sorry to read of the ongoing issues. What makes you think the claim is new instead of reopened?
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Re: Failed appeals for ESA

Post by Stressed6 on Tue Jul 04, 2017 8:24 am

I dunno
They didn't say anything about a claim being reopened so I thought it was new
Plus as the other had closed and they didn't say it was a continuation or words to that effect

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Re: Failed appeals for ESA

Post by Caker on Tue Jul 04, 2017 8:36 am

Sometimes a claim can be reconstructed if it was closed unlawfully. I would expect that a 'new claim' would only have started if you made a brand new application.

Never assume anything.

Hopefully someone with better insight will be on the forum later.
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Re: Failed appeals for ESA

Post by Stressed6 on Tue Jul 04, 2017 8:37 am

I thought it was new and I supplied different info plus they'd lied to get the previous one closed and yet that's legal

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Re: Failed appeals for ESA

Post by Stressed6 on Tue Jul 04, 2017 8:45 am

Spoken to someone, seems like procedure because if previously claimed, just hope the new info I supppiued helps, with luck I won't hear from them and finally get paid

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Re: Failed appeals for ESA

Post by Caker on Tue Jul 04, 2017 8:51 am

When you say you 'supplied different info' do you mean that you made a brand new claim?

You have mentioned a new medical certificate for a new condition. Have you made a new claim for ESA?

It is NOT legal for DWP to close your claim because of lies!!!

You have already been advised (on this forum) that you need to appeal against the decision which was based on an incorrect WCA. Have you contacted any organisation and asked for help with the appeal?
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Re: Failed appeals for ESA

Post by Stressed6 on Tue Jul 04, 2017 8:53 am

Dunno who could really help so thought it was better to start againsadly

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Re: Failed appeals for ESA

Post by Caker on Tue Jul 04, 2017 8:55 am

Does that mean that you made a new claim for ESA, with your new medical certificate?
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Re: Failed appeals for ESA

Post by Stressed6 on Tue Jul 04, 2017 8:58 am

That's what I thought
I would appeal but unless I can get an actual expert or one of the forumers to be there then it'll be as frustrating as the CAB was

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Re: Failed appeals for ESA

Post by Admin on Tue Jul 04, 2017 9:43 am

an old esa claim thats been assessed and youve failed can be reasessed in part with the new info that you have supplied to them

new info can be used to say the situation has got worse since your assessment or even during the assessment period

whats happened is they have opened your old claim up again to reassess your situation and your claim due to the info thats been provided
it is a waiting game but you cant rush them it dosnt happen like that
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Re: Failed appeals for ESA

Post by Stressed6 on Tue Jul 04, 2017 9:45 am

Not trying to rush them
Saturday just gone was their self-imposed deadline

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Re: Failed appeals for ESA

Post by Mary_FV on Tue Jul 04, 2017 1:16 pm

Hi Stressed6,

If you decide to engage with a third party (CAB, Welfare rights etc.) you will find out exactly what is happening with your claim and it will also save the added stress and worry of not knowing what is happening as well as the expense involved contacting DWP.
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Re: Failed appeals for ESA

Post by Caker on Tue Jul 04, 2017 2:28 pm

.....although it has to be appreciated that obtaining face to face help is easier in some geographical localities than others, as I found out in the past when I needed help and there was none in my area (not for the want of turning over every stone).
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Re: Failed appeals for ESA

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