esa refusal

homer wrote: having been told i did not score enough points to qualify for ESA, what are my options now, i understand i can ask for a reconsideration, if that is so am i able to write a letter in support stating that some of the facts recorded by the assessor are in fact wrong and not the information i gave at the assessment, also does my claim for sickness benefit stop and do i have to make another claim for JSA straight away

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 and 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, it will be an ESA85 if you had a face to face and an ESA85A if you did not, 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, reply to this post and we will do our best to help.

Gordon

homer wrote: just has an after thought to my first post, i was awarded the enhanced rate of mobility component in my recent PIP assessment because i could only walk ten metres i am thinking now in the descriptors for esa if i cant walk 50 metres i would automatically score 15 points and would be put in the support group. go figure!

PIP is a walking test, ESA looks at the claimants ability to mobilise, in addition to looking at your ability to walk it also looks at your ability to self propel a manual wheelchair over an equivalent distance, you do not need to use a wheelchair or to even own one for this to considered.

If you would be unable to self propel a wheelchair then you need to explain why this is the case, as an example this may be because you have physical problems with your hands, arms or shoulders, that you suffer from angina or have breathing problems, or there could be logistical issues with your using a wheelchair.

Gordon