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TOPIC: ESA RECONSIDERATION, won

ESA RECONSIDERATION, won 2 weeks 5 days ago #173537

i would like to thank everyone on the forum and all the information that was available to me for download. all the guides helped me write a letter and successfully i have been placed back in the support group for another 6 months.

thanks again.
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ESA RECONSIDERATION, won 2 weeks 4 days ago #173586

  • Gordon
  • OFFLINE
  • Forum Moderator
micky93 wrote:
i would like to thank everyone on the forum and all the information that was available to me for download. all the guides helped me write a letter and successfully i have been placed back in the support group for another 6 months.

thanks again.

Congratulations on the award, well done.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.

ESA RECONSIDERATION, won 5 days 21 hours ago #174927

Hi
I've been awarded no points on ESA although I get enhanced rate PIP for mobility and Care. Can anyone tell me how to do mandatory reconsideration. IM totally stressed with all this. Any advice would be much appreciated.
The administrator has disabled public write access.

ESA RECONSIDERATION, won 4 days 21 hours ago #174989

  • Gordon
  • OFFLINE
  • Forum Moderator
Debbie16 wrote:
Hi
I've been awarded no points on ESA although I get enhanced rate PIP for mobility and Care. Can anyone tell me how to do mandatory reconsideration. IM totally stressed with all this. Any advice would be much appreciated.

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 (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
The administrator has disabled public write access.

ESA RECONSIDERATION, won 4 days 21 hours ago #174990

  • Gordon
  • OFFLINE
  • Forum Moderator
Debbie16 wrote:
Hi
I've been awarded no points on ESA although I get enhanced rate PIP for mobility and Care. Can anyone tell me how to do mandatory reconsideration. IM totally stressed with all this. Any advice would be much appreciated.

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 (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
The administrator has disabled public write access.
Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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