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Thread: Help with esa please

  1. #1
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    Help with esa please

    Hi all,
    In March this year I had a WCA and on 1st April I had a call telling me I’d scored 0 points, so I did a mandatory reconsideration and this was also knocked back in May. So I started the appeals process which I won 18 points from and was placed in the WRAG group in September while I am glad to finally draw a line under all this nonsense I attended my WRAG group interview yesterday and was advised by her to ask to be put in the Support group, my interviewer seemed very understanding but she gave me a statement form to fill out and she said to send evidence with it. Well for starters I only have the same documents in which the DM has already seen and disallowed my claim twice already, I’m aware my 4 weeks is up today but the interviewer told me she has made a note of it which will allow me an additional 28 days. My issue is wouldn’t this trigger a new assessment and medical or is it likely they will transfer me over or decline it, i m suspicious they are trying to get me to submit something which would cause a new assessment

    Thanks in advance

  2. #2
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    What was the statement form?

    On what basis did the person from the DWP say that you should have your decision revised?

  3. #3
    Senior Member nukecad's Avatar
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    Without knowing just why the the Jobcentre 'Work Coach' thought you should be in Support Group it's hard to say much.

    What was the form that she gave you? It should have a number on the bottom of the first page. (Probably 'ESA3 10/14')

    If it is an ESA3 then it will say at the top 'Employment and Support Allowance - Application for re-assessment'.
    So yes, you are asking them for a reassessment, which could be on paper or face-to-face.

    But as you say 2 different DMs and an independent court tribunal have all seen your claim and evidence, and none of them thought you should be in SG.
    Unless you have something more to add then I don't see it making any difference by submitting the same things again.
    (Indeed if nothing has changed then there's nothing you could put on the ESA3 about a change).

    I'm not sure why the 'Work Coach' thinks she knows better than 2 DMs and a court tribunal.
    They are all trained in how to judge assessments, she isn't.

    Remember that getting into SG does not depend on how many points you score.
    The things that get you SG do not score points but stand on their own.

    So if you are content with being in WRAG then I don't see what submitting an ESA3 would gain, apart from a bit more messing about.

    The only qualifier would be if you thought the tribunal got the law wrong, doesn't happen often but it can happen.
    But in that case you would make an appeal to the Upper Tribunal, not ask for a reassessment. So it would be a different form which I doubt that they have at the Jobcentre.
    Last edited by nukecad; 10-12-2017 at 03:40 PM.
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  4. #4
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    I don't think the ESA3 10/14 is a form about being reassessed. It is a form when you are on a contribution based benefit and are asking them to consider a reassessment for income based.

    Or am I going bonkers? (quite likely!)

  5. #5
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    She gave me a MF47 07/04 form, the thing is I was previously on the support group from my previous assessment in 2015 I was put on it because of being suicidal, my depression hasn’t improved and I’m on a waiting list for more therapy sessions my GP won’t give me any medication for it he just keeps referring me to talking therapy’s, I’ve just had my left hip replaced and am now waiting for my right hip arthroscopy and I also have lumbar spondylosis which causes me severe pain while walking

  6. #6
    Senior Member nukecad's Avatar
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    Quote Originally Posted by Kophbk View Post
    She gave me a MF47 07/04 form,
    Thats a new one on me, I'll try and find an example.

    So you were in SG but reassessed and only given WRAG this time.
    That could put a different light on things, but I assume that the tribunal were aware of this so should have taken it into account.
    They should have been aware of it, especially if SG had previously been awarded for regulation 35 'risk of harm'.

    I'll have a check around, which may take a while.
    Maybe pmlindyloo will find something more quickly.
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  7. #7
    Senior Member nukecad's Avatar
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    Quote Originally Posted by pmlindyloo View Post
    I don't think the ESA3 10/14 is a form about being reassessed. It is a form when you are on a contribution based benefit and are asking them to consider a reassessment for income based.

    Or am I going bonkers? (quite likely!)
    It is used for both.
    Why we have sent you this form
    You are claiming contribution-based Employment and Support Allowance. You have told us
    • about a change in your circumstances, or
    • you want to claim income-related Employment and Support Allowance.
    This means we need to look at your claim again.
    Theres a link to an example in the ESA standard forms sticky:
    http://www.youreable.com/forums/show...standard-forms
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  8. #8
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    Quote Originally Posted by nukecad View Post
    It is used for both.


    Theres a link to an example in the ESA standard forms sticky:
    http://www.youreable.com/forums/show...standard-forms
    Thanks.

    I agree with what you say about a DMP worker telling the OP to try and get into the Support Group.

    From what OP has said there doesn't appear to be a change of circumstances or is there? Were they aware of everything when you went to the assessment or did a condition change or worsen?

    The only thing I can find about about the MF47 is a form to do with compliance. I would have thought an ESA3 would be more appropriate (now I know!)

    Perhaps you can take the form to CAB and ask their opinion?

    What does the form ask you?

  9. #9
    Senior Member nukecad's Avatar
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    Quote Originally Posted by Kophbk View Post
    She gave me a MF47 07/04 form,
    This is getting very odd.

    Are you sure that you have given the correct form number?
    And can I ask if you have had a sanction for not attending a Work Focused Interview?

    The only MF47 I can find is a form used during a 'Customer Compliance Interview', ie. when they suspect someone of benefit fraud and are interviewing them about it in person or on the phone.
    It can also sometimes be used to investigate if a sanction is correct.
    Referrals may be received via the Fraud Investigation Service (FIS), prior
    to interview where information gathering/investigation finds that there is
    insufficient information/evidence to support a sanction.
    These forms are normally only available to the Customer Compliance Officers, and would be filled in at the interview not given to the claimant to take home.
    https://www.whatdotheyknow.com/cy/re..._passthrough=1

    What was a Jobcentre Work Coach doing with one of these forms in the first place?
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    But I'm good at searching for, and finding, stuff.


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  10. #10
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    I found this forum thread referring to the MF47 form https://benefitsandwork.co.uk/forum?...id=10&id=99581

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