ESA denied after 7 years and nowhere to turn

Lilly wrote: Hi, I have just joined this group as I literally cannot get any help. I have what is now called myofascial pain syndrome (RSI in old money) in my right side and have had this chronic pain condition since 1997, I claimed for benefits after I tried to return to work in 2006. I lived medicated and basically a handsfree life. I am on Long Term Disability from my employers, I receive Industrial Injuries DB at 20% and DLA at the lowest rate. I have lost my incapacity benefit after 7 years as I scored 9 points. I have appealed however am told by the DWP that this is Void as I haven't provided a Med3 but my doctor will not provide me with a Med3 because he feels my employer should accommodate my illness, my employer will not take me back because I am not symptom free. I honestly do not feel able to return to work and yet this would be my dream. I am stuck between a rock and hard place does anyone have any advice? Much appreciated
Lilly

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

From your post I believe that the DWP are treating your appeal as one process when in actual fact there are;

The first is a request for an appeal to be lodged, providing you completed a GL24 Appeal form in detail or wrote to the DWP requesting an appeal including all of the information required, then there should be no reason why your appeal should not be accepted.

The second is your receiving payment while you wait for your appeal to be heard. This requires you to provide a Fit Note covering you from the date that your ESA stopped.
As you were previously on IB then it would have been predicated on the fact that you were Unfit for Work and I assume at some time in the past, a GP, maybe not this one, would have issued a Sick Note to that effect.

As far as I can see the only way forward on this is for you to visit your GP again and explain to them that your continued payment of ESA is entirely dependant on their issuing you with a Fit Note, They do not need to state that you incapable of any work, so there may be a compromise where they issue a Fit Note on the basis that you are Unfit for Work without accommodations from your employer.

If they still refuse then the only other suggestion that I can make is for you to change GP, however, there is no assurance that this new GP will issue a Fit Note and at the very least they will want to understand your condition before doing so.

You also might want to seek face to face advice

Where to get advice?

Assuming you can get your appeal back on track you might want have a look at the following

Our ESA Appeal and Claim guides

www.benefitsandwork.co.uk/help-for-claimants/esa

and the following FAQs

ESA medical – what forms to ask for?

Qualifying for the WRAG

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

MOJ Video of ESA Appeals Process and Tribunal

If you have more questions, please reply to this post.

Gordon