ESA medical assessment was not recorded.

Gordon wrote:

Ronnie wrote: [ I have had a decision over the phone and told I have only got 6 points. I am now waiting for the paperwork to come through the next few days. I will be doing a mandatory reconsideration. I have asked for the ESA 85 medical report and was told this will be sent atomaticly with the decision. Would it be best to do the reconsideration with paperwork alone rather then do it over the phone ?

We recommend making the request in writing, that way you can be clear about whether you will be sending additional information.

The ESA85 is not sent with the Decision Letter, you will receive the Decision Makers report, an ESA65, I'm afraid you will need to ring again for the ESA85.

Please have a look at our ESA MR & Appeal guide.

www.benefitsandwork.co.uk/help-for-claimants/esa1

If we can help more, come back to the forum.

Gordon

. I got the decision letter and you are right there was no medical report. I asked for medical report and got that soon after. In the medical report i found there were things not put down regarding what I stated and things put down that I did not say stating this is what I reported and things put down that was not discussed. I did my mandatory reconsideration by letter explaining what is being overlooked. I had the second decision letter standing by first decision. In this letter I was told the HCP does not go by what I say but go by their quite observations. (Now i am thinking that there was no point in having a recording). That pain does not stop a person doing things. That I should get a wheelchair regarding walking. They are still overlooking the fact that I got arthritis of multiple joints including hands and spine and bulge disc in my neck affecting the strength in my arms and pain in my arms neck and shoulders. This was shown in X-ray . I have had 2 MRI and 1 CT scans and waiting to see somebody at the neurosurgery clinic. They are ignoring my incontinence issue 3 to 4 times a month when I can not get to the toilet quickly. I have cronic diarrhoea following caecum bowel cancer operation. Adhesions causing bowel obstructions and trapped nerve endings which on my bad days keeps me in bed and I can not eat or drink. Aotic stenosis heart condition and clinical depression from chronic pain. I feel the stress they are causing me is making my physical and mental health medical conditions worst.

Please do not be surprised or depressed at the MR decision. This process was introduced to try to reduce appeals and usually confirms the first decision.
You need to appeal to an independent panel. This is explained in the appeals guide in the members section of the website.
You can put in all the paperwork from your claim and MR. You need to identify all the points you made in your post, stating where incorrect information was put down by the HCP. You can also make clear you asked for a recording which was not done and it would prove you said one thing and the HCP wrote down another, but do not labour the point. Just stick to the facts.

foss27 wrote: Please do not be surprised or depressed at the MR decision. This process was introduced to try to reduce appeals and usually confirms the first decision.
You need to appeal to an independent panel. This is explained in the appeals guide in the members section of the website.
You can put in all the paperwork from your claim and MR. You need to identify all the points you made in your post, stating where incorrect information was put down by the HCP. You can also make clear you asked for a recording which was not done and it would prove you said one thing and the HCP wrote down another, but do not labour the point. Just stick to the facts.

In my appeal form would it help if i mention that i have just been awarded pip enhanced rate care componant at their tribunal ?. In appeal form do i ask to be put back on esa assessment rate until my appeal is is heard ?

Gordon wrote:

Ronnie wrote: In my appeal form would it help if i mention that i have just been awarded pip enhanced rate care componant at their tribunal ?. In appeal form do i ask to be put back on esa assessment rate until my appeal is is heard ?

You can include your PIP Tribunal result, but it will only have weight if the reasons you scored points are relevant to the ESA Criteria as well.

With Regard your receiving the ESA Assessment rate, The Tribunal Service will write to you and the DWP when they accept your Tribunal for a hearing, once this happens you can contact the DWP to be put back on ESA.

Gordon

I got 4 points on mobility side regarding pip. Does pip use the same criteria as ESA regarding that I can use a weelchair rather then walking to get past 200 metres before I need to stop due to pain and exhaustion .