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Removal of my sisters ESA.

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7 years 1 month ago #182966 by Megan
Removal of my sisters ESA. was created by Megan
Hello! My names Megan :) and I am hoping for some advice with my mum and sisters situation.

My older sister was born with Learning disabilities and neurofibromotosis and was on incapacity benefits up until it changed to ESA where each year they have attempted to cut these benefits and I'm becoming very worried for my sister and mum (who doesn't handle stress well)

I'm writing this post on behalf of my mother, who is not very tech savvy and struggles to understand a lot that is going on with this system and comes to me for help, but I know even less :blink:

Basically, they have assessed my sister as only receiving 6 points on the assessment questionnaire thing. (Sorry if my terminology isn't correct) which is far from accurate. So my mother is going to contest it, but she needs my help to write the appeal letter, I am informed on the condition of my sister, what she is capable of and what she isn't so I believe she should be awarded around 18 points.

We have her previous tribunal results when they last removed her ESA in 2013, where they re-assessed her and awarded her the 18 points we believe she functions at.

In her recent medical result findings, my mother has noted one or two discrepancys that don't match my sisters capabilities. They believe her to be able to find a job and go to interviews however they don't seem to account for the fact that it was Mencap who helped find the employment and had to take her two and from her shifts and shadow her for the first month as she does struggle with things like until she is familiar.

Sorry if I'm waffling about things that may not be relevant.

What I'm asking for is advice on how we approach this? And what we need to write in this appeal. We are planning to visit the citizen advice bureau a swell for help. I'm just really worried, mostly for my mum as she has only received this letter this week and has barely eaten the last two days because of the stress, so I really want to lessen the burden and help anyway I can. :dry:

If there's anything else you need to know, please ask, I have no idea what I should be including.

Thank you!

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7 years 1 month ago #182978 by Gordon
Replied by Gordon on topic Removal of my sisters ESA.
Megan

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

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 WSA 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;

I would go through her ESA50, the assessment report and our ESA Claim guides (also on the above link) to make sure that you have shown that she meets the requirement to score the 18 points you believe that she should receive.

I'm afraid comments about her being able or not to seek work are not relevant to the Decision, ESA has very specific criteria that need to be met and almost none of them have anything to do with working.

If you have further questions then please reply to this post.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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