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TOPIC: ESA85 received

ESA decision timetable? 2 weeks 2 days ago #174525

  • Gordon
  • NOW ONLINE
  • Forum Moderator
hamida

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.
The following user(s) said Thank You: hamida

ESA decision timetable? 2 weeks 2 days ago #174588

Hello Gordon,


Thank you for your reply. I have spoken to the decision maker today which has been posted on the forum today. I am waiting for this in the post and see what it says. and come back again but as explained I have told the DM that I was going away for 24 days from 30th November and I'm not back till Xmas eve therefore I hope that she has recorded this and I will not lose out on my appeal date. and by the way she said that I get 10 working days not a month to appeal but I will wait for the mandatory reconsideration and she said she will try to get this done by phone as I am travelling in few day and I am dreading of that phone call now
The administrator has disabled public write access.

ESA decision timetable? 2 weeks 2 days ago #174596

  • Gordon
  • NOW ONLINE
  • Forum Moderator
hamida wrote:
Hello Gordon,


Thank you for your reply. I have spoken to the decision maker today which has been posted on the forum today. I am waiting for this in the post and see what it says. and come back again but as explained I have told the DM that I was going away for 24 days from 30th November and I'm not back till Xmas eve therefore I hope that she has recorded this and I will not lose out on my appeal date. and by the way she said that I get 10 working days not a month to appeal but I will wait for the mandatory reconsideration and she said she will try to get this done by phone as I am travelling in few day and I am dreading of that phone call now

The time to request an MR is defined in law the DM has no authority to change this, so you either make a normal request for an MR before you go away or make a late request when you come back with the risk that if it is not accepted then you have no further right of appeal.

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

ESA decision timetable? 2 weeks 2 days ago #174641

Hi Gordon,

The DM herself said she will note on records about by trip abroad and she also said this will be taken into account so I am taking her word for it and said will get an urgent call back for MR I didn't request it urgently myself as this would have given me more time to do my homework but will wait till Friday and ring back and ask if they can delay the telephone MR until my return as this will then allow me to get my appeal done properly and also support from the doctor.
The administrator has disabled public write access.

ESA decision timetable? 2 weeks 1 day ago #174693

Hello Gordon,

Thank you for you response. I actually looked at my last years decision etc and when I was talking to the lady from the Decision team she I did make a point about my mobility as I have a permanent disability and limited mobility when I mentioned that the assessor did not examine me as she thought that this may cause me difficulty. The lady said she wondered why the assessor has not awarded any points under regulation 35. Having keep thinking about this I looked up the reg 35 information. well I will come back here now when I hear anything new from MR etc I am sorry I keep on going about the same subject I will try not to think too much and wait what's in store for me.

Thank you to everyone for your kind co-operation
The administrator has disabled public write access.
The following user(s) said Thank You: Gordon

ESA decision timetable? 2 weeks 1 day ago #174720

Hi Liam,

Do they have email facility ? it is a nightmare trying to get through on the phone minimum 20 minutes and the its a call centre you get through who can only give you a limited information. But good luck with your assessment hoping all works out well for you.
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Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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