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TOPIC: esa

esa 1 month 3 weeks ago #170491

Hi
I have long term health problems inc. DDD/ sciatica and cervical spodylosis I filled ESA form to migrate from SDA and returned it in December 2014. I heard nothing until June 2016 asking me to go for assessment the following week, which she stressed was with a doctor. I asked for more time as in my original form I estimated that I could manage 100 metres walking and that my condition had worsened and I wanted to change the descriptor to 50 metres. She said I could send in a separate paper explaining this. I gave this to the doctor and I am assuming the decision maker received it. Fourteen weeks later I received a phone call from them apologising that they had sent out two letters one for the support group and one for the work group and it was the support group I was being placed in. I have asked for a Mandatory reconsideration and went to see my GP yesterday for a letter. He said he didn't want to charge me 80 pounds for a letter that they will very likely ignore. Instead he gave me a print out of a report path which lists my problem with sitting and walking and stress caused by DSS as well as tablets and investigations. I am wondering whether to send it to them as it isn't a letter as such and wonder if they will just dismiss it.
kind regards
Julie
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esa 1 month 3 weeks ago #170497

Hi Julie,

Congratulations on your ESA award! I don't understand why you would want a Mandatory Reconsideration of this decision? :unsure:
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 1 month 3 weeks ago by Mrs Hurtyback.
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esa 1 month 3 weeks ago #170501

Hi
It's because I think I should be in the support group and they have placed me in the work group.
kind regards
Julie
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esa 1 month 3 weeks ago #170503

very sorry just re-read my message and I meant to say I have been placed in the work group not the support group.
kind regards
Julie
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esa 1 month 3 weeks ago #170504

Julie wrote:
very sorry just re-read my message and I meant to say I have been placed in the work group not the support group.
kind regards
Julie

Thanks, that makes things clearer!

The report from your GP will certainly count as supporting evidence. However, in itself it will not change the decision.

I suggest you have a look at the Support Group descriptors and decide which apply to you. Then you need to show how and why you meet these descriptors.

Qualifying for the Support Group
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 1 month 3 weeks ago by Mrs Hurtyback.
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esa 3 days 2 hours ago #175624

Hi
I was receiving SDA benefit from 1994 and was sent esa 50 questionnaire in Dec 2014 which I completed and returned and never heard anything for 18 months until I got a phone call asking me to go for a medical in a week. I asked if I could fill in a new form because my condition had deteriorated, but was persuaded to add any extra information on a letter.
I was placed in the work group which I disputed and have received the mandatory notice which states they are not changing their decision. The letter also states that the HCP and both decision makers have not looked at my form, which I assume they have lost. The decision has been made just on the evidence of the HCP . I received 15 points for anxiety etc but no points for my physical conditions which were listed on the form and my health history. I am furious because I have degenerative disc disease/ sciatica, cervical spondylosis and am in constant pain. I assumed the HCP would know this information from my form, but he obviously never read it. He even said I can see your in a lot of discomfort at the assessment and yet I have been awarded no points for my physical condition. I am thinking of filling in a new form and asking my GP to write on it to explain why I can't work. Do you only get one chance at a mandatory, as the letter states that I can appeal, but is the next stage a tribunal?I'm aware that the timescale is a month to do this. Can you please advise what reasons I would put on tribunal form as to why I am disputing this. Your help would be very much appreciated, as time is not on my side. Thank you.
julie
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