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TOPIC: ESA CLAIM turned DOWN

ESA CLAIM turned DOWN 4 months 1 week ago #164375

I have just received a phone call form a DWP DM informing me that I was awarded no points at the face to face interview and that my ESA will stop. I am in a state of shock. I had gone through the form several times and at the very least thought that I would be in the work related group if not the support group. I have several health issues including arthritis in neck, hips and spine and Meniere's Disease and cannot walk far without pain or staggering like a drunk. The DM did not take anything I told her into account and told me that they have only used my completed from and the assessors information. I was shocked to find that they did not contact my GP for more info. Is this usual? I fully intend to ask for a mandatory reconsideration and will appeal if necessary. Doe any one have any idea how long the mandatory reconsideration process takes? Thank you Sandra
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ESA CLAIM turned DOWN 4 months 1 week ago #164401

  • Gordon
  • OFFLINE
  • Forum Moderator
S

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

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?


Sorry to hear you have been found Fit for Work, was this a new claim for ESA or a reassessment?

MRs can vary considerably in terms of time but you are looking at about 5-8 weeks. You can claim JSA during this time and once your claim has been accepted, you can present a Fit Note and be excused from any Job Search requirement for up to 13 weeks.

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/esa1

You should contact the DWP for a copy of the assessment report (ESA85) if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 4 months 1 week ago by Gordon.
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ESA CLAIM turned DOWN 4 months 1 week ago #164419

Hi Sandra,

I was recently told the MR process is currently 14 days, and duly got my MR notice in about that time, though I suspect it varies from one part of the country to another.

The DWP seem to be going flat out stopping ESA awards and rely totally on the Maximus medical report, ignoring any evidence in your favour. The only encouragement I can give you is that should that do this for your MR, tribunals carryout a complete and independent reassessment. This is why almost 60% of ESA appeals are successful.

Personally when I appeal, I address the DWP's reasons as a formality and put forward my own arguments as to why I should score points. However most tribunals, from my experience at least, ignore the ESA85 and place more weight on your oral evidence at the hearing.

Good luck,

Derek
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The following user(s) said Thank You: SandR

ESA CLAIM turned DOWN 4 months 1 week ago #164461

Hi Gordon Thank you for your advice. I have requested a mandatory reconsideration by phone but will follow it up with a letter. I didn't know about the name issue and will follow the link to amend it.
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ESA CLAIM turned DOWN 4 months 1 week ago #164462

Forgot to say-it was a new claim.
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ESA CLAIM turned DOWN 4 months 1 week ago #164640

Hi I have now received the DM's letter and the ESA85 Medical Report form completed by the HCP. There are so many inconsistencies I don't know where to start. e.g. I could reach above my head with one hand-I informed the HCP that I couldn't do it without pain and she told me not to if it would cause me pain. According to the HCP I could lift both legs and bend my knees fully. I could barely walk for 3 days after the assessment and had to visit the Dr on Tuesday because I was still in so much pain. The GP has now prescribed Amitriptyline in addition to the usual Co-codamol. The HCP has assumed that I visit 2 supermarkets with my husband every Wednesday. If I did this I'd be in bed for week afterwards. I go with him once in a blue moon!! There are so many other things in the report that are not right. Although. there are one or 2 things where I can see why the HCP has assumed I can do something e.g. I did not clarify the problems that showering or dressing cause me. I just wanted to get out of there by this point. Anyway, following your useful advice and guides, I have telephoned and asked for a mandatory reconsideration and will follow this up with a letter setting out the challenges to the decision. Do I challenge the points in the HCP report or the DM's report? if someone could tell me which is most useful, I'd be very thank full. My GP is going to write a report and I have already asked for my medical records from the hospital. I think my next step is to contact the jobcentre. My GP has already provided me with another fit note for 6 weeks.
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