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ESA-WAS SUPPORT GROUP NOW EXPECTED TO WORK WITH MS
- Diane
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7 years 2 months ago #180594 by Diane
ESA-WAS SUPPORT GROUP NOW EXPECTED TO WORK WITH MS was created by Diane
My hubby has MS and was granted full medical retirement at the age of 45 some 4 years ago. Since then he was automatically replaced in a support group for ESA. In Dec he attended a Work Capability Assessment and has now been told he should now be able to get a job. He has MS nothing has changed but unfortunately none of the questions went in his favour!! He can't even remember some of the assessment even though it was just before Christmas(part of his many problems) He didn't answer some of the questions correctly- he can't admit his problems to me let alone some stranger who is female.- but even considering this he wouldn't of scored 15 (he scored 0).
I am going to appeal and have various medical reports but wander if anyone has any advice who has been in the same situation.
The main reasons why he can.t work are due to bladder problems(part of MS he spends the majority of his day trying to go to the toilet-when he needs to go he has to otherwise he will have an accident.
He gets very stressed at the smallest thing and very emotional finding things quite difficult.
Also he's forgetful- he misses appointments- basically the lesions he has on his brain have affected him.
I am going to appeal and have various medical reports but wander if anyone has any advice who has been in the same situation.
The main reasons why he can.t work are due to bladder problems(part of MS he spends the majority of his day trying to go to the toilet-when he needs to go he has to otherwise he will have an accident.
He gets very stressed at the smallest thing and very emotional finding things quite difficult.
Also he's forgetful- he misses appointments- basically the lesions he has on his brain have affected him.
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- Gordon
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7 years 2 months ago #180664 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA-WAS SUPPORT GROUP NOW EXPECTED TO WORK WITH MS
Diane
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
I would first go through our ESA Claim guides, there have been no changes to the Descriptors or guidance in the areas that you mention in your post, so it may be down to the way you have described your husband's problems on this latest ESA50.
www.benefitsandwork.co.uk/help-for-claimants/esa1
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.
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
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
I would first go through our ESA Claim guides, there have been no changes to the Descriptors or guidance in the areas that you mention in your post, so it may be down to the way you have described your husband's problems on this latest ESA50.
www.benefitsandwork.co.uk/help-for-claimants/esa1
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.
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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- Diane
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7 years 2 months ago #180689 by Diane
Replied by Diane on topic ESA-WAS SUPPORT GROUP NOW EXPECTED TO WORK WITH MS
Thanks for that -the last ES 50 filled out would of been in 2013 and he hasn't had to do one since. He just got a letter asking him to attend the WCA(the first one since 2013 in Dec). When the person phoned to tell him, of the decision she seemed to say that the scoring had changed.
I have had the ESA65 which details everything and looking at the form most areas are correct but some questions he hasn't answered honestly. I wish I had accompanied him but I was at work and feel he wasn't sufficiently prepared for the assessment.
I thought I had read somewhere that certain conditions such as MS which will not improve long term are not going to be re tested and wander why after 4 years this has happened. To go from the support group to nothing is such a big change considering nothing has changed with my hubby's MS.
I have had the ESA65 which details everything and looking at the form most areas are correct but some questions he hasn't answered honestly. I wish I had accompanied him but I was at work and feel he wasn't sufficiently prepared for the assessment.
I thought I had read somewhere that certain conditions such as MS which will not improve long term are not going to be re tested and wander why after 4 years this has happened. To go from the support group to nothing is such a big change considering nothing has changed with my hubby's MS.
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- Gordon
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7 years 2 months ago #180721 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA-WAS SUPPORT GROUP NOW EXPECTED TO WORK WITH MS
Diane
The Government has suggested that they are looking at the need to reassess certain claimants, but that was months ago and nothing has been done, there hasn't even been a consultation document.
Are you saying that no ESA50 was issued this time, if this is the case then it may also have contributed to the failure, it's very unlikely that those assessing him would have used the one from his previous assessment.
It my help with the MR if you explain in detail, as you would have on an ESA50 why he meets the criteria for those activities that you mentioned in a previous post.
Gordon
The Government has suggested that they are looking at the need to reassess certain claimants, but that was months ago and nothing has been done, there hasn't even been a consultation document.
Are you saying that no ESA50 was issued this time, if this is the case then it may also have contributed to the failure, it's very unlikely that those assessing him would have used the one from his previous assessment.
It my help with the MR if you explain in detail, as you would have on an ESA50 why he meets the criteria for those activities that you mentioned in a previous post.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Diane
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- Diane
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7 years 2 months ago #180937 by Diane
Replied by Diane on topic ESA-WAS SUPPORT GROUP NOW EXPECTED TO WORK WITH MS
Hi Gordon
After speaking to my husband it transpires he received the form ESA 50 and returned it so I have no idea what he stated on the form. He certainly wouldn't of gone into details about his problems as I stated earlier he doesn't admit to things even to me. So I think the best thing is to go through the form and highlight the areas and just state he admitted to go into detail.
My question is as I'm completing the Mandatory Reconsideration on his behalf should I mention it anywhere as he would not be capable of putting all the information together and typing it up.
My last question relates to his pension as he was granted partial incapacity for ill health retirement -if he were to get a job could he not loose this?(I understand if this is your area)
Thank you for your help so far, it makes all the difference to have some support at this time.
After speaking to my husband it transpires he received the form ESA 50 and returned it so I have no idea what he stated on the form. He certainly wouldn't of gone into details about his problems as I stated earlier he doesn't admit to things even to me. So I think the best thing is to go through the form and highlight the areas and just state he admitted to go into detail.
My question is as I'm completing the Mandatory Reconsideration on his behalf should I mention it anywhere as he would not be capable of putting all the information together and typing it up.
My last question relates to his pension as he was granted partial incapacity for ill health retirement -if he were to get a job could he not loose this?(I understand if this is your area)
Thank you for your help so far, it makes all the difference to have some support at this time.
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- Gordon
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7 years 2 months ago - 7 years 2 months ago #180959 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA-WAS SUPPORT GROUP NOW EXPECTED TO WORK WITH MS
Diane
You can certainly explain that he is unable to explain his problems in detail, but as you are not his appointee, this may not be enough.
If you feel that he has not completed the ESA50 in detail or accurately then you need to explain his actual problems in completing each of the ESA activities as part of your MR Request.
You will have to look at the terms and conditions of his pension to see whether his working would be an issue.
Gordon
You can certainly explain that he is unable to explain his problems in detail, but as you are not his appointee, this may not be enough.
If you feel that he has not completed the ESA50 in detail or accurately then you need to explain his actual problems in completing each of the ESA activities as part of your MR Request.
You will have to look at the terms and conditions of his pension to see whether his working would be an issue.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 2 months ago by Gordon.
The following user(s) said Thank You: Diane
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