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Rejected ESA Re-claim
- Manel
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7 years 2 months ago #178040 by Manel
Rejected ESA Re-claim was created by Manel
Helo, I am new to the site. I have been denied ESA benefits after an interview with the work and pensions department. I think they have reached the wrong decision and since then I had another letter of support from my GP. I am seeing a key worker on wednesday and would be grateful for any tips fom you... thanks Manel
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- Gordon
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7 years 2 months ago #178112 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Rejected ESA Re-claim
Manel
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 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 following user(s) said Thank You: Manel
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- Manel
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7 years 1 month ago #180045 by Manel
Replied by Manel on topic Rejected ESA Re-claim
Thanks Gordon, I now sent the Mandatory Reconsideration written with the help of a key worker detailing the descriptors where we think they were mistaken. Together with it I also sent the Letter from my GP, in which he states that I am not fit to work at this stage and goes on explaining the reasons why the decision should be reverted.
Since then I have also had a letter in which I am informed that because my ESA was stoped, the housing benefit is suspended too. (I suppose thus is the normal procedure) At this stage they are asking me to fill a few pages about my income and bank statement for the last month. Do you have any suggestions about this?
About the Mandatory Reconsideration I was informed via mobile text msg that I should hear from them on the 2nd of February, so hopefully I will be able to hear from them in the next couple of days. I will let you know either way.
Thanks Manel
Since then I have also had a letter in which I am informed that because my ESA was stoped, the housing benefit is suspended too. (I suppose thus is the normal procedure) At this stage they are asking me to fill a few pages about my income and bank statement for the last month. Do you have any suggestions about this?
About the Mandatory Reconsideration I was informed via mobile text msg that I should hear from them on the 2nd of February, so hopefully I will be able to hear from them in the next couple of days. I will let you know either way.
Thanks Manel
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- slugsta
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7 years 1 month ago - 7 years 1 month ago #180058 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Rejected ESA Re-claim
You can now make a claim for Housing Benefit on the grounds of low income, it is normal for the LA to require details of your finances.
Just to warn you - It is possible that someone will phone you about the MR but it is not what usually happens.It is usually conducted on paper after the claimant has explained how/why they believe they meet the ESA descriptors.
Just to warn you - It is possible that someone will phone you about the MR but it is not what usually happens.It is usually conducted on paper after the claimant has explained how/why they believe they meet the ESA descriptors.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 1 month ago by slugsta.
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- Manel
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7 years 1 month ago #180603 by Manel
Replied by Manel on topic Rejected ESA Re-claim
Hello to the forum, I had the answer from the Mandatory Re-consideeation and still they have decided that I am not... or as they put it on the letter: "unable to revise the decision of 23/12/2016 which found you not to have Limited Capability for work from 23/12/16" and " any other issues that you may have raised in your request for Mandatory Reconsideration would have no effect on the decision under reconsideration and therefore have not been addressed"
I am very disappointed and seeking help from a professional tomorrow. But if possible I would like to share with you my outcome to make sure that I am taking the right steps. I value your thoughts and advise at this moment as you can imagine.
Thanks Manel
I am very disappointed and seeking help from a professional tomorrow. But if possible I would like to share with you my outcome to make sure that I am taking the right steps. I value your thoughts and advise at this moment as you can imagine.
Thanks Manel
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- Gordon
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7 years 1 month ago #180675 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Rejected ESA Re-claim
Manel
You'll only receive an award by showing that your meet the criteria for one, which activities did you expect to score points for?
Gordon
You'll only receive an award by showing that your meet the criteria for one, which activities did you expect to score points for?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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