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Filled form incorrectly

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7 years 4 months ago #174230 by CCapewell
Filled form incorrectly was created by CCapewell
Hello my husband has been taken off esa following an assessment and looking at things on here we've realised that we filled the forms in incorrectly e G instead of saying he has limited mobility and can't walk very far we ticked the 'it varies' box. Can we say this as part of the mandatory reconsideration? New on site today so still finding our way around.
Thanks

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7 years 4 months ago #174267 by Gordon
Replied by Gordon on topic Filled form incorrectly
CC

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

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You can correct what you wrote on the ESA50 but you will need to explain detail why you misunderstood the form.

With regard the Moving Around activity. In addition to his walking it considers his ability to self-propel a manual wheelchair over the same distances, he does not need to be using a wheelchair or even to own one for it to be considered. SO even if you can show his walking is restricted, unless you can also show that he cannot self-propel the wheelchair you will still not score points.

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 (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;

you might want to go back through the ESA50, the assessment report and our ESA Claim guides to make sure that you have fully explained why he meets the criteria to score points.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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