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ESA post assessment waiting time ??
8 years 7 months ago - 8 years 7 months ago #154843 by bro58
Hi Kop,
I am sorry to hear that you have been found fit for work !!!!
Once you receive the decision in writing, if you wish to challenge the decision, you must request an MR in writing within one month of the date of the adverse ESA Decision Notice letter.
See : ESA MR/Appeals Guidance
&
Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.
You could request copy of The ESA85 Medical Report compiled by The ESA Assessor as a result of your face to face verbally over the phone :
THE ESA PHONE NUMBER DWP : 0345 608 8545 (Open 8AM-6PM. Mon-Fri.)
You could also issue a SAR requesting all documentation used in coming to the fit for work decision which could include The ESA85, an LT54 and an ESA113 if one was sent to your G.P.
There should also be a Statement of Reasons from The ESA DM explaining how and why they came to the fit for work decision.
You can do this using a SAR Form :
SAR Form Download
From this page :
DWP Data Protection Policy
Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.
Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your ESA.
Write DPA 1998 SAR in front, top, left corner of envelope.
Once received, they have 40 calendar days to comply.
Sending Documents to the DWP, ATOS, Capita or Maximus.
Any SAR should be sent as a separate issue, in a separate envelope to your MR request, and if the SAR documentation has not arrived, you should not miss your one month MR deadline date.
You can simply include a note with the MR stating that you have requested the ESA documentation, and will submit any fresh evidence as a result of the SAR documents as soon as you have received the requested documentation !!
Whist the MR is ongoing, you cannot be paid ESA, but you can claim JSA with reduced conditionality to your JSA Agreement to take account of your medical conditions.
If the MR is unsuccessful, and you then go on to appeal, you can revert back to ESA once The Tribunal Service (TS) have accepted your appeal.
See : This Post for further information on this.
Please keep us updated by replying to this topic.
bro58
Replied by bro58 on topic ESA post assessment waiting time ??
King of pain wrote: Hi,
Well I wasn't expecting to be replying quiet so soon with regard to the ESA WCA reply... but received a phone call earlier and its bad news I'm afraid.
6 points because I can apparently sit at a work station for an hour... yeah right... thats why I had to stop working in the first place.
0 points on physical functions despite the fact it was obvious I struggle to walk any distance at all without being in significant pain because of my lower back problems... (not to mention the elbow problems which means even drying my face with a towel hurts so forget propelling a wheelchair)... and then do it repeatedly over 200m... I wish !!
0 points despite the fact that at least once a week I am unable to control my bowls (had the gall bladder out a few years back and have suffered ever since)... but the pads contain it all apparently so nil points... sorry but they dont !!
So the fight begins now then, how this idiot scored me this way is beyond me, he simply hasn't listened to a word I've said. So ill wait for the letter and appeal the decision... not a happy camper right now... so all suggestions welcome peeps, ta ta for now.
Hi Kop,
I am sorry to hear that you have been found fit for work !!!!
Once you receive the decision in writing, if you wish to challenge the decision, you must request an MR in writing within one month of the date of the adverse ESA Decision Notice letter.
See : ESA MR/Appeals Guidance
&
Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.
You could request copy of The ESA85 Medical Report compiled by The ESA Assessor as a result of your face to face verbally over the phone :
THE ESA PHONE NUMBER DWP : 0345 608 8545 (Open 8AM-6PM. Mon-Fri.)
You could also issue a SAR requesting all documentation used in coming to the fit for work decision which could include The ESA85, an LT54 and an ESA113 if one was sent to your G.P.
There should also be a Statement of Reasons from The ESA DM explaining how and why they came to the fit for work decision.
You can do this using a SAR Form :
SAR Form Download
From this page :
DWP Data Protection Policy
Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.
Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your ESA.
Write DPA 1998 SAR in front, top, left corner of envelope.
Once received, they have 40 calendar days to comply.
Sending Documents to the DWP, ATOS, Capita or Maximus.
Any SAR should be sent as a separate issue, in a separate envelope to your MR request, and if the SAR documentation has not arrived, you should not miss your one month MR deadline date.
You can simply include a note with the MR stating that you have requested the ESA documentation, and will submit any fresh evidence as a result of the SAR documents as soon as you have received the requested documentation !!
Whist the MR is ongoing, you cannot be paid ESA, but you can claim JSA with reduced conditionality to your JSA Agreement to take account of your medical conditions.
If the MR is unsuccessful, and you then go on to appeal, you can revert back to ESA once The Tribunal Service (TS) have accepted your appeal.
See : This Post for further information on this.
Please keep us updated by replying to this topic.
bro58
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