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TOPIC: ESA Decision

ESA Decision 2 months 3 days ago #170110

Hi, I had my ESA medical in September, I was informed by telephone that I will not be receiving ESA as I failed the medical, I receive DLA high rate mobility benefit, I asked about the DLA benefit and was told it had nothing to do with them but with DLA, does this mean I will still be paid my DLA .
Regards Mary.
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ESA Decision 2 months 3 days ago #170129

  • Gordon
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M

Welcome to the forum.

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The ESA test is stricter than the DLA one so failing does not specifically mean that your DLA will be looked at, we haven't seen any examples of a claimant being invited to claim PIP as the result of a failed ESA claim.

If you want to challenge the ESA Decision then 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 ESA 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 if you have not already done so, ask for the ESA85, 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
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The following user(s) said Thank You: maryb53

ESA Decision 2 months 3 days ago #170148

HI , Thank you for your reply, Sorry I meant ESA to pip Medical assessment, I scored 0 points, I'm gutted as I have COPD, Heart failure, many more problems, will this affect my DLA, I was told it was to do with DLA, and I should put a claim in for Universal credit
Regards Mary,
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ESA Decision 2 months 3 days ago #170151

  • Gordon
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  • Forum Moderator
Mary Burdon wrote:
HI , Thank you for your reply, Sorry I meant ESA to pip Medical assessment, I scored 0 points, I'm gutted as I have COPD, Heart failure, many more problems, will this affect my DLA, I was told it was to do with DLA, and I should put a claim in for Universal credit
Regards Mary,

I'm afraid there is no such thing as an ESA to PIP medical :)

Was it an ESA assessment or an assessment for PIP?

Were you asked about preparing and cooking a meal?

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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ESA Decision 2 months 3 days ago #170155

Hi, it had ESA on the form, yes I was asked about preparing a meal, I told the assessor that I have help preparing a cooked meal, but can make a sandwich, the assessor put that I can prepare a meal and make sandwiches throughout the day,
I I have difficulty with my right shoulder awaiting scan and possible physio depending on scan results, Dr thinks it's a trapped nerve assessor stated I can propelled a wheelchair,
Regards maryb23
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ESA Decision 2 months 3 days ago #170170

Hi Mary,

I wouldn't expect you to be asked about preparing a meal for an ESA assessment. However, if that is what the form said, that is what it is! Gordon's comments stand.

Just to warn you - if the assessor has decided that you would be able to self-propel a wheelchair, I would not expect you to score any points against the mobility descriptor.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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