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ESA support group stopped and zero points what do
- Aj
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7 years 4 months ago #175399 by Aj
ESA support group stopped and zero points what do was created by Aj
I have just received my decision and the decision maker has made no mention of my medical conditions in his report. Is it worth appealing please? I am 60 have had kidney pancreas transplant and quadruple heart bypass and haven't worked fro 23 years. Who is going to employ me? I was told that on the day the decision letter was sent that the decision maker phoned me. I was at a hospital appointment but no message was left. They wanted to ask if I had further medical evidence - is this normal? Thanks for your help.
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- Gordon
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7 years 4 months ago #175408 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA support group stopped and zero points what do
Aj
The call is usual.
I'm afraid ESA does not look at your employability, it only considers whether you meet the criteria for an award.
It's up to you whether you challenge the Decision, but at this stage the only other benefit you would be entitled to would be JSA.
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
The call is usual.
I'm afraid ESA does not look at your employability, it only considers whether you meet the criteria for an award.
It's up to you whether you challenge the Decision, but at this stage the only other benefit you would be entitled to would be JSA.
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
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- Derek4
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7 years 4 months ago #175458 by Derek4
Replied by Derek4 on topic ESA support group stopped and zero points what do
Hi Aj,
This year I was moved from support group to fit-for-work, but placed back in the SG on appeal, and I very much hope the same will happen to you.
Decision makers always ask for more medical evidence but it really isn't necessary if you feel you have already provided enough evidence - the problem is that the decision maker usually ignores whatever evidence is put in front of him/her and looks on the bright side!
If your condition is largely unchanged/worse since the last assessment placing you in the SG, tribunals are obliged to consider previous medical reports if you ask them to (*50/01), so it may be worth making sure your previous positive ESA85 is in the appeal papers if the DWP do not include it.
Good luck,
Derek
This year I was moved from support group to fit-for-work, but placed back in the SG on appeal, and I very much hope the same will happen to you.
Decision makers always ask for more medical evidence but it really isn't necessary if you feel you have already provided enough evidence - the problem is that the decision maker usually ignores whatever evidence is put in front of him/her and looks on the bright side!
If your condition is largely unchanged/worse since the last assessment placing you in the SG, tribunals are obliged to consider previous medical reports if you ask them to (*50/01), so it may be worth making sure your previous positive ESA85 is in the appeal papers if the DWP do not include it.
Good luck,
Derek
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