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TOPIC: ESA stopped after assessment

ESA stopped after assessment 3 months 1 day ago #167226

I got a letter on 15 August which started off telling me I was being paid my weekly amount of benefit, then went on to say it was being stopped because it is deemed I am now fit for work despite having got worse in this last year (arthritis and ligaments among other issues) but it then goes on to say 'It has been confirmed you have limited capability for work. The extra money you will get is shown on the ESA award page.' Which was £0!. I got this letter the same week they stopped my money. I hadn't received any prior letters nor telephone call.

I have asked for a Mandatory Reconsideration and after 12 days finally received the ESA85 but not the score sheet which I have requested today. I have only 14 days left. The report is 31 pages long - do I just copy it and write along side all the parts are wrong or false or write a new document and do I have to resend consultant letters etc?


Thanks in advance for any advice.
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ESA stopped after assessment 3 months 1 day ago #167240

Hi jacky and Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work

I'm sorry that you are going through this :(

You are right in saying that a Mandatory Reconsideration is your next step.

Many people get very bogged down refuting every part of the assessment. Don't forget that you will only be awarded ESA by showing how and why you meet the descriptors. This is where you should spend the majority of your time and energy. You should create a new document for this, rather than writing on the assessment report.

You do not need to send the same supporting evidence again, just draw DWP attention to it.

This is all explained in our ESA guide

ESA claims and appeals

and also the MR FAQs

ESA mandatory reconsiderations and appeals

May I suggest that you bookmark/favourite this on your web browser now so that you can find it easily in the future? This will allow you to return with further questions or comments about your ESA without having to start a new topic each time. It helps us enormously when everything relating to the same claim is kept in one topic - and I hope you will find it useful too :)
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 3 months 1 day ago by Mrs Hurtyback.
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The following user(s) said Thank You: Jay57

ESA stopped after assessment 3 months 1 day ago #167265

Hi Jacky,

With the exception of the rare occasions where the decision maker awards points that the HCP didn't, you can tell what points you scored from the ESA85.

Under the Activities section in the ESA85 the descriptors that apply to you are listed, so you can look them up in the guide to see how many points they're worth.

The phase "None of the above apply" = 0 points, but any other phase represents a point scoring descriptor.

Regards,

Derek
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The following user(s) said Thank You: Jay57

ESA stopped after assessment 2 months 4 weeks ago #167496

Thank you! Yes, I eventually worked out that's what it must have meant! I did get the score sheet today and it shows I scored '0' for everything. I was in the support group previously but my assessor on that occasion was a nurse and she understood what I was talking about. I had a physio this time who seemed to (did) just write down what she thought and not what I was saying.

I have just worked my way through my report for all the errors that she wrote down. Can I comment on the medical examination findings as well as it doesn't even sound like it is about me! Such as stating I can touch my scapula with my finger when I can't even get my hands behind my back or touch my head and stating shoulder abduction is 120 - 150 when in fact it is 60 degrees...

I don't understand this at all. My score sheets says I scored 0 points by the HCP but she has put various phrases in a lot of the sections although some of them make no sense to me such as 'sits in a chair and drinks tea' - I don't even know why she put that! And 0 points by the decision maker but they said I had a limited capacity to work in the letter that stopped my benefit.

Also, does it go against you to be 'well kempt' and 'looking well' as she seemed to state that a lot as well. I might be a scruff at home but would never leave the house looking that way and not sure how that affects my issues.

Sorry for rambling on but I've had extreme anxiety just lately and am a quivering wreck more than usual!

Thanks for all your help, it's greatly appreciated. :)
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ESA stopped after assessment 2 months 3 weeks ago #167553

  • Gordon
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Jacky

It's fine to comment on the assessment report we just recommend making sure that you have shown that you meet the criteria to score points first, try and stick to issues of fact such as how far you can move your arms, rather than their opinions unless you can show that they are themselves founded on factually incorrect information.

Issues such as you sitting drinking tea are related to the ESA activities; this example means that they believe you can follow the simple task of making a hot drink, that there are no issues of risk in your doing so and that you can sit for long periods of time wile you drink it.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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ESA stopped after assessment 2 months 3 weeks ago #167638

Hi Jacky,

I was in a similar position earlier this year. I had previously been placed in the support group by a nurse, and then found fit for work (scored 6 points) by a physiotherapist, who obviously has no professional mental health expertise.

The mandatory reconsideration was fruitless and simply repeated their decision, however, I was placed back into the support group by the appeal tribunal.

It used to be official HCP guidance that if you look well, you are well. If you're complexion is pale you're unwell, but if it is tanned you are well. Being well kempt is also a negative at FTF assessments.

However appeal tribunals usually ignore the medical report and carry out their own assessment. They are not bound by such ridiculous guidance and have to apply the law.

If you condition has not changed significantly since your last assessment, your previous ESA85 could be important evidence for the tribunal to consider, so you may wish to add it in the appeal papers if the DWP do not already include it.

Best of luck,

Derek
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The following user(s) said Thank You: Jay57
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