Hi everyone .I'm a newby x

I have been stopped esa after first medical . I have made a request for mandatory reconsideration. Lady i spoke to over phone at esa advised me to make a claim for jsa so i still have an income while waiting on decision . She said they should put me in limited capability category .

Anyone know if this is true or will i be forced to job search .I have my first appt with job centre tomorrow and i am dreading it . I gave up work last november because of my illness, a job i really enjoyed but could not concentrate any longer on my job.

I was awarded pip and my son claims carers allowance to look after me . My knees have been playing me up this week and my son will be coming to the jobcentre with me as i am scared of falling . Bloody el i sound like im 80 yrs old ( i know you all relate to that ) i'm 42 and anxious about tomorrow its making me more ill the thought of sitting infront of someone trying to explain the way i feel and why a am not fit to work xx

38 Replies

  • Are you seeing a disability advisor? Don't be anxious, they very helpful, you can ask them anything. Thats always been my experience with them.

  • No not a disability advisor as they have stopped my esa . This is my first jsa appt that i was advised to make but told as i have asked for a reconsideration I could be placed in limited capability category. I'm not sure this if this is true or not xx

  • See no-one but the Disability officer in charge- ask for an office where you don't have to climb stairs, walk miles thru corridors or sit on a hard wooden chair- ask them for whatever you would need to ensure you could do a job without severe pain or discomfort- if they can't provide that- then thank them for their time and ask for a letter explaining why they have refused you- it makes them upset having to send you away back to the pip team.Come application- best wishes- Kazz

  • Am i entitled to ask for disability officer if my appt there is for jsa ? x

  • Just because they have cut the dla/pip whatever money- you are still the same, DISABLED.! Don't take no for an answer, and stand firm but polite, apologize for being there, for not being able to do something, for not able to cope to understand etc.. but don't let Gov't policy undermine your right to a decent quality of living. The money is there, just believe its your right to it- you didn't ask to be ill, no-one does.. so if it means sliding off the chair and crawling on your knees to prove a point.. (Like I've done) then do it- it makes them ever so embarrassed.! best wishes..K

  • Ha ha .. you got me smiling thinking about sliding of the chair . Thanks that has made me more confident about tomorrow . Fibrohugs :)

  • I was forced to job search while waiting for appeal. Didn't go in my favour as I got told if I could fly to Spain then my pains not that bad!!

    Trying again to claim ESA but the stress is making condition worse.

    Good luck

  • How long after your esa claim has been stopped can you make a new claim ? x

  • I'm not sure but the job centre told me to apply with a new medical condition. That was easy as I have so many x

  • That will be what will happen at my jobcentre appt fingers crossed .x

  • As I only left my job in November last year i'm scared they will not take my illness serious . They want to see my cv which is a good one and i have excellent references . I'm afraid they will say well you were working for 3/4 months with this illness so whats the problem... The problem is I struggled at my job those 3/4 months until I was totally drained of all energy and in too much pain to carry out my daily routine . x

  • Welcome to the site I think you will find everyone very friendly and helpful with a mine of personal experience. I've just cut and pasted a piece out of the Benefit and Works guide that might be helpful.

    "What other benefits can I claim whilst the mandatory reconsideration is taking place?

    If you have not been awarded any rate of ESA at all, whilst the mandatory reconsideration is taking place you will not be able to claim ESA at the assessment phase rate. Instead, you will be forced to claim another benefit, such as Jobseeker's Allowance, if you are eligible or not claim any income replacement benefit at all.

    You will still be able to claim other benefits, such as housing benefit whilst the mandatory reconsideration takes place. However, the ending of your ESA may interrupt the payment of other benefits and you will need to contact the agencies that pay them about the change in your circumstances.

    If you have been placed in the work-related activity group and are asking to be placed in the support group, you will continue to receive ESA with a work-related activity component whilst your mandatory reconsideration takes place".

    I know when I was on ESA I was asked to attend the Job Centre and I was really worried about this but I actually got interviewed by someone who appeared to be from the human race. He was a fully qualified Disability officer and unknown to me I had been watched from the moment I entered the building and I was seen to ask whether there was a lift as that day i could not manage the stairs, he had also noticed that when I was waiting to be seen I had to keep shuffling around on the seat and getting up and down as I was in so much pain. He asked me all about the job I had done before, how long I had worked there, why i did it and whether I had enjoyed it. he also asked about what treatments I was on. He was chatty and sympathetic and said that he would make a recommendation that I was unfit for work at that present time.

    I'll keep my fingers crossed for you. Let us know how you get on.X

  • Thanks for your replies. No I am not seeing a disability advisor . The lady at esa said they will understand that I have to claim jsa while waiting on decision from reconsideration and they should place me in limited capability . Hoping this is the case . When I get there I will tell person on reception that I need my son with me at all times incase I fall and that I can't manage the stairs. Thanks for all your advise . xx

  • I've just realised that the healthcare professional at my medical assessment never noted that I have disc herniation and she didn't take a copy of my mri scan results I showed her on the day .There is no mention of this in the paperwork that came with the points I was/wasn't awarded. I sent a copy of my mri scan result to with my request for reconsideration .. Hope to god that makes a difference and they award me ESA .

  • All this could help you with your case especially if it goes further than the Mandatory Consideration. When my OH went to tribunal after being turned down for ESA, there was no mandatory reconsideration as such then the tribunal decided that they had insufficient medical evidence to come to a conclusion and they asked the doctor for a copy of all his notes from the first day he went to the doctors so they got the full picture. They also took into consideration points the nurse had missed or had not enquired about and that she had got his medication recorded incorrectly even though he had given his green and white repeat prescription form.

    I know I asked for the decision to be looked at again when they stated they had based the decision on several things including a report from my GP when my GP had not in fact sent one in! As soon as I pointed this out (which would have made them look fools at tribunal) they reconsidered their decision.

    Anyway, good luck again and let us know how you get on. I am off to bed as I had no rest last night with the pain so keeping fingers crossed for a bit of respite tonight. Soft hugs.x

  • Welcome to the forum and I genuinely hope that you find it useful and informative. I have pasted you a link to our mother site FibroAction which hosts loads of useful Fibro information:


    I can see that you have been given some wonderful advice relating to your question, so I will just wish you all the best of luck.

    Good luck


  • Thankyou Ken .

  • hi,

    I am new but I hav recenlty been a volunteer in a charity where they deal with lots of people complaining about this issue. I believe you have to file an appeal against the decision to stop ESA asap - ask for the deadline of find out online from a gov.uk web site, and I agree with the person who said, ask at the job centre straight for all the things you need at the moment, like no stairs, no long corridor, special chair or cushion etc...! That should make them alert. And let them know that you are appealing. Be assertive but polite. And as for the Medical, have a witness with you who can help checking when they put words in your mouth and/or not fill in what you have actually said! That said, I do believe, it is possible to get better with FM, lots of self help, a bit of exercise (mild) and eating. (I have been really bad of=ver the last 2 yrs, comforteating to manage stress - and it does not pay! so I know what I am talking about!

    Best of luck!


  • Thanks for that . I'm clear in my head what I need to do tomorrow .. just hope it goes to plan. I just want it all sorting and then I can concentrate on managing my illness without all the added stress . Thanks again x

  • Hi

  • Hi sorry I hit submit accidentally.

    I'm new here and just thought I'd reply to this as I have been through the whole ESA assessment farce.

    Did you get a copy of the report from the assessment? Go through this carefully you will find many "errors" omissions and things left out. Also you may find they have you down as being an acorabat performing things you never did.

    You can complain to atos about the report and have it found not fit for purpose. I'm not sure how the job centre wil treat you it's all a bit hit and miss and depends on the attitude of the person you see.

    In future when you go for an assessment for ESA tell them you want it recorded, you're entitled to it and you get a copy of the recording. The people doing the assessments are notorious for bad reports unless they're being recorded...,

    Good luck.

  • Thankyou . I am being given lots of good advise . I cancelled my jobcentre appt today because My knees and ankles wouldn't carry me . I've been given another appt for tomorrow . Have been told I can ask for "conditional circumstances" and will be able to speak with a disability officer . I have a copy of my assessment and have already pulled it to pieces and expressed my reasons for disagreeing with it in a letter along with medical evidence . This was all posted last week with my request for a mandatory reconsideration. So where you successful with with your appeal snappyfeet ?

  • When my esa was stopped I was without money for 9 weeks, I refused

    to claim jsa because they wouldnt make the adjustments I needed to

    attend appointments, I have been in and out of hospital during those

    weeks without money and I am appealing, I hope there more sympathetic

    at your job centre than they were at mine, good luck

  • Have you been to appeal cindy?

  • I am waiting for a court date

  • If they don't place me in "conditional " category as I have been advised should be the procedure I will not sign anything that commits me to job searching and all that goes with it . I will just have to get by on less money until hopefully ESA is awarded to me . So much stress. It's not good for us . Fibrohugs :)

  • My jobcentre has never been helpful, when I had a slipped disk

    and couldn't even stand up they told me I still had to attend job club so I complained, do ask for a disability adviser the one I seen

    years ago was brilliant, but they said this time if I needed a disability adviser they wouldn't of stopped my esa,

    I can't see how they just can't pay it until an appeal as they had to

    backdate my money to when it stopped

  • Exactly it's all money from the same pot so there should be a " Pending Appeal" category until all sorted .

  • Yeah they should, I just think they like messing people around

    in the hope they will go away ,

  • True . Imagine all the people out there who don't bother to fight for their rights and are put into work environments that are worsening their health conditions or worse . I'm not going to be one of those. All this stress today has caused me pains in my chest where I have never experienced them before . Didn't think there was another part of me that didn't have pain . Quite scary to be honest . I do suffer panic attacks when put under pressure and can see tomorrow being a very emotional outing . I have only been out the house once this week for an hour . Need to start tomorrow with a positive mental attitude x

  • I gave up after being refused pip 2 years ago only just

    Applied again, ready to fight this time.

    its surprising what extra pain you get when stressed,

    like we dont have enough problems without worrying

    about stressful appointments. But stay positive and good luck x

  • Hi Lisa

    Yes I won my appeal but not just on points, I had finally after much complaining to atos got an admittance that the report was not up to standard. That's the polite way of putting it and the woman who did the assessment was incredibly rude!

    A couple of reps from the dwp were at the tribunal as the judge was going to order the nurse who did the assessment to go and explain herself. The reps from the dwp had to admit they got a copy of the letter from atos admitting the nurse "made errors" and the tribunal weren't happy the dwp still let it go to appeal. It was an absolute farce they must be desperate to get people's Esa stopped.

    Best thing to do is complain to atos and escalate every time you're fobbed off. Escalate it to their independent tier who are more fair.

    It was a battle but no way will I sit back and let those so called nurses lie about me so blatantly. She even lied about the length of time I was there and said I sat there all that time comfortably!

  • Hi snappyfeet . I can so relate to this . Hope it doesn't go on further to a tribunal . Some good advise for me there because I have lots of errors in my report also . I have first appt with jobcentre tomorrow and if they don't agree to place me in "Conditional " category I will not agree to job search and all that so I will have to struggle with less of an income until ESA is sorted out . Fibrohugs :)

  • It seems they're deliberately making things so much more difficult. Its a cruel heartless system it's not like we don't have enough to contend with. What happens then at the tribunal If you've agreed to the conditions to get Jobseeker's Allowance? If you got to the job centre to sign on and do job searches then youre fit enough to work?

  • My point exactly . I will not be agreeing to search for jobs or attend any training . If needs be all I can do is say thankyou for your time and I will be forced to cancel claim for jsa .

  • it sounds very frustrating to go through the mill... it is good your son is coming with you, and you are able to present evidence from pip and carers allowance; also perhaps try and speak to CAB and look up advocacy agencies in your are (some of them really ARE independent). Is it worth investigating via CAB whether there is a link between PIP and no/yes to ESA? It seems to me there may well be.

    Best wishes!


  • sorry I think I am well out of time with this one. :-O but good wishes are genuine :-)Barb

  • Well after about 6 weeks(feels like a lifetime) of fighting my case they finally overturned the decision in my favour . Thanks for all your messages along the way . I finally feel free to cope with my condition without the stress of convincing the DLA that I do have limited capability to work . It's not that I don't want to work .. much the opposite . I need help in finding work that best suits my disability. Onwards and upwards hey ? Thanks again fibro friends. xx

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