esa assessment

magimagi wrote: I have the ESA85 form back is it supposed to have the amount of points on it? I don't know where to look for them.

Hi mm,

From this extract in your previous post :

"I have the ESA85 report today & am confused by some of the info ie walked 30 metres, very slowly to exam room which was found consistent in behaviour observed then says cannot mobilise more than 100 metres without stopping to avoid discomfort etc"

It looks like you have picked up 9 of the minimum 15 points required from :

Activity "1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally or could reasonably be worn or used."

Under Descriptor :

"(c) Cannot, unaided by another person, either:

(i) mobilise more than 100 metres on level ground without stopping in order to avoid significant discomfort or exhaustion;

or

(ii) repeatedly mobilise 100 metres within a reasonable timescale because of significant discomfort or exhaustion. "

From : The Functional WRAG (LCW)Schedule 2 Activities/Descriptors

If you compare other information in your ESA85 with The WRAG Activity/Descriptors above, you may be able to work out where you have picked up the other 6 points.

Or, does it mentions "Exceptional Circumstances Rule", "Substantial Risk" or ; ESA Regulation 29 anywhere as that is another way of qualifying for The WRAG.

bro58

magimagi wrote: I have asked for a mandatory reconsideration by phone & have also sent a letter. When is the best time to ask for DWP evidence? I have the ESA 85 form already.

Hi mm,

You can request the documentation now !!

Besides The ESA 85, there should also be an LT54 Form, which may contain useful information.

A description of an LT54 can be found at the bottom of this list :

ESA Forms

There may also be an ESA113 questionnaire, if one was sent to your G.P.

To cover all bases, you could make a SAR for "All" documentation used in coming to The WRAG decision.

You can do this using a SAR Form :

SAR Form Download

From this page :

DWP Data Protection Policy

Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.

Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your ESA.

Write DPA 1998 SAR in front, top, left corner of envelope.

Once received, they have 40 calendar days to comply.

Sending Documents to the DWP.

If your MR is unsuccessful and you go on to appeal to The Tribunal Service (TS) once the TS has accepted your appeal, you will receive an Evidence Pack from The TS including all documentation used by The DWP in coming to The WRAG decision and at the subsequent MR.

bro58

I think the other points come from activity 3 (c) which is due to my cervical spondylosis.

yes it's Rc for reaching in activity 3

and it's Wc for mobilising. I've had a phone call today from dwp about my MR so I take it it's went against me although they didn't seem to want me to get any more info just now.