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TOPIC: Assessment for Esa

Assessment for Esa 1 month 2 weeks ago #171351

Hi, my health assessment has resulted in 12 out of 14 points for ESA. I have been moved to ESA and told i can appeal. I have read in your forum that i can obtain a doctors note to cover for 12 weeks. This is an unexpected decision, since I was expecting the purpose of my assessment to decide if i should remain in the wca or move to support group. I have been in the wca for many years. I suffer from arthritis and also have appointments for rheumatology at hospital soon because my drug regime is still not decided and i am allergic so far to all medications prescribed. In addition, gastroenterology are also seeing me because of similar problems. Are these decisions able to be made whilst my medical health drugs are still veing sorted out!? I am hardly in a fit state to go back on job seekers and frankly view this in a very poor light. The assessor has missed out on depression and the fact that i am unable to ingest any drugs for my issues, an impossible situation. Does full ESA mean i have to look for full time work? This is an illogical conclusion, since i won moderate pip in July.
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Assessment for Esa 1 month 2 weeks ago #171361

  • Gordon
  • OFFLINE
  • Forum Moderator
Iamawindsurfer

I assume that you have been found Fit for Work and have been told that you must claim JSA.

To be clear you only need to claim JSA if you require the income. If you do then once your claim has been accepted you can provide a Fit Note for up to 13 weeks and be excused from any Job Search requirement.

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 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: Iamawindsurfer

Assessment for Esa 2 weeks 2 days ago #174671

Many thanks
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Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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