Doesanyone know if you have failed an Esa assessment you have to pay it back

I have just had shoulder surgery and due to an assessment they did a month ago for Fibro of 8 years and frozen shoulder with full tear tendon they have stopped my esa . I have just just been told I have failed the Mandatory Reconsideration so I am now putting g claim. Although my GP and surgeon say I should not work.for 6 weeks and had covered me since Dec with sick notes. It seems they know more than our GPS THE stress the DWP have caused is horrendous as I am a single. mother. I have a job waiting for me when I am better so why should I go on have I have already been awarded two years of PIPS

7 Replies

  • If you have the inner strength you can take it to tribunalnext stage after mand recon.50/50 chance of getting esa reinstated.

  • Hi pollmadoll

    I am so genuinely sorry to read of your situation, and I want to sincerely wish you all the best of luck with finding some resolution to this issue.

    I have pasted you a link to the GOV.UK cache on benefit overpayments, and from reading this there is little in the line of repaying ESA.

    I have pasted you a link to the CAB benefits advice pages which explain how ESA works and answers some question about it:

    Fibromyalgia Action UK have a dedicated benefit helpline that you may find useful? I have pasted the number here for you: 0844 887 2450

    I have also pasted you a link to the Fibromyalgia Action UK web page on the benefits helpline:

    I want to genuinely and sincerely wish you all the best of luck.

    All my hopes and dreams for you


  • Thanks Ken for your kind message.The answer was I got my local MP involved and was reinstated instantly and even had two verbal and one letter apology from he DWP. But the nightmare continues as I had to start a new claim under new circumstances namely shoulder surgery. Unfortunately it us taking longer to heal so still cannot work or drive and have sick note up to Jan . Two new assessment loom in the next week. Fed up with this whole brutal and totally unfair system

  • I want to genuinely wish you all the best of luck with your new application.

  • I am so sorry to hear what has happened to you, I was only speaking to my husband this morning about how many are now suffering as although ill they have on top of the pain and suffering financial worry too and some of the people, if not most are not even trained doctors who do these assessments .. please follow the links given already by the admin in this thread, although you may be tired and feel like giving up you have to keep on fighting.. good luck xx

  • It is possible to go to next stage which is tribunal, you stand good chance of winning if you have suppirting letters from gp and surgeon. I believe you can do this while also putting in new claim due to surgery. And you do not pay anything back. Good luck

  • You do no have to repay any of the ESA already received and you have the right to appeal the decision, If you have no sick pay from an employer, you can claim Jobseeker's Allowance either on income grounds or based on your national insurance record.

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