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Help – ESA assessment 0 points!
- SL1612
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8 years 2 months ago #152199 by SL1612
Help – ESA assessment 0 points! was created by SL1612
I have been signed off sick for the last year with work related stress.
In 2006 I collapsed at work with a suspected stroke but was eventually diagnosed with Labyrinthitis. This wiped me out for over 6 montsh and has left me with permanent damage to my balance, spatial awareness, cognitive function along with CFS and I am also now suspected of having Fibromyalgia but currently awaiting confirmation of this. I have also been diagnosed with a cavernous malformation in my brain that has already bled once and can do so again and am under a neurosurgeon re this and a possible operation to remove this in the future.
I was expecting an assessment when I reached 13 weeks into my ESA claim but nothing happened until I received an appt for 30th Dec 2015. I arrived for my appt first thing in the morning which was a real struggle for me as first thing in the morning is my worst time, only to be told the assessor had called in sick. I was furious. They rescheduled for 4th Feb 2016 and just as I was about to leave the house for it I received a call from them saying they were running late so wanted to cancel again. I said no it had already been cancelled once and that did they realise my partner had already had to take 2 days off work to accompany me and that the amount of effort required on my part to prepare and attend the appointment. They said they would sort it and for me to go in as scheduled.
When I got there the receptionist pointed out that she had had to cancel everyone else’s appointment in order to be able to accommodate me, she was very rude in fact.
The assessor carried out the assessment and it seemed to consist of things totally irrelevant to my conditions and a week or so later I received a phone call saying I have scored no points and that my ESA would be stopped with immediate effect. I asked what I was supposed to live on and they said I should sign on for JSA. I said I am not fit for work and they said this happened to scores of people and that I can request a mandatory reconsideration but that JSA was my only option.
I went to the Job centre to start a claim for JSA and then had to go down again 3 days later to sign on on my usual signing on day. They had to sign me off as sick as I had been so unwell since the previous appt.
I am at my wits end because I am not fit to work, my GP also says this but the word of an assessor who saw me for 50 mins carries more weight than my GP who has known me for a very long time and is familiar with all my conditions is irrelevant.
The assessors report is filled with inaccurate information, incorrect answers to questions, answers to questions I wasn’t even asked and so much info that is totally irrelevant to my problems.
Can you advise me re this please? I am struggling.
Thanks
SL1612
In 2006 I collapsed at work with a suspected stroke but was eventually diagnosed with Labyrinthitis. This wiped me out for over 6 montsh and has left me with permanent damage to my balance, spatial awareness, cognitive function along with CFS and I am also now suspected of having Fibromyalgia but currently awaiting confirmation of this. I have also been diagnosed with a cavernous malformation in my brain that has already bled once and can do so again and am under a neurosurgeon re this and a possible operation to remove this in the future.
I was expecting an assessment when I reached 13 weeks into my ESA claim but nothing happened until I received an appt for 30th Dec 2015. I arrived for my appt first thing in the morning which was a real struggle for me as first thing in the morning is my worst time, only to be told the assessor had called in sick. I was furious. They rescheduled for 4th Feb 2016 and just as I was about to leave the house for it I received a call from them saying they were running late so wanted to cancel again. I said no it had already been cancelled once and that did they realise my partner had already had to take 2 days off work to accompany me and that the amount of effort required on my part to prepare and attend the appointment. They said they would sort it and for me to go in as scheduled.
When I got there the receptionist pointed out that she had had to cancel everyone else’s appointment in order to be able to accommodate me, she was very rude in fact.
The assessor carried out the assessment and it seemed to consist of things totally irrelevant to my conditions and a week or so later I received a phone call saying I have scored no points and that my ESA would be stopped with immediate effect. I asked what I was supposed to live on and they said I should sign on for JSA. I said I am not fit for work and they said this happened to scores of people and that I can request a mandatory reconsideration but that JSA was my only option.
I went to the Job centre to start a claim for JSA and then had to go down again 3 days later to sign on on my usual signing on day. They had to sign me off as sick as I had been so unwell since the previous appt.
I am at my wits end because I am not fit to work, my GP also says this but the word of an assessor who saw me for 50 mins carries more weight than my GP who has known me for a very long time and is familiar with all my conditions is irrelevant.
The assessors report is filled with inaccurate information, incorrect answers to questions, answers to questions I wasn’t even asked and so much info that is totally irrelevant to my problems.
Can you advise me re this please? I am struggling.
Thanks
SL1612
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8 years 2 months ago - 8 years 2 months ago #152234 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Help – ESA assessment 0 points!
SL
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
Sorry to hear of your situation.
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 (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
Sorry to hear of your situation.
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 (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
Last edit: 8 years 2 months ago by Gordon.
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8 years 1 month ago #156129 by SL1612
Replied by SL1612 on topic Help – ESA assessment 0 points!
Hi
I have finally after 4 weeks got a response for my mandatory reconsideration and they have upheld their original decision so will now have to go to appeal. I have found the SSCS1 appeals form to complete and with the help of your guide will do so. Can you tell me please do I get to send in comprehensive paperwork and evidence etc after the appeal has been lodged or should I try to send it all in with the initial form?
Thanks
I have finally after 4 weeks got a response for my mandatory reconsideration and they have upheld their original decision so will now have to go to appeal. I have found the SSCS1 appeals form to complete and with the help of your guide will do so. Can you tell me please do I get to send in comprehensive paperwork and evidence etc after the appeal has been lodged or should I try to send it all in with the initial form?
Thanks
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8 years 1 month ago #156143 by Gordon
Once the appeal has been accepted the DWP will produce their submission which in addition to their reasons for the Decision will contain all of the paperwork used in it's making, so I would wait until you have this before you create your own submission.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Help – ESA assessment 0 points!
SL1612 wrote: Hi
I have finally after 4 weeks got a response for my mandatory reconsideration and they have upheld their original decision so will now have to go to appeal. I have found the SSCS1 appeals form to complete and with the help of your guide will do so. Can you tell me please do I get to send in comprehensive paperwork and evidence etc after the appeal has been lodged or should I try to send it all in with the initial form?
Thanks
Once the appeal has been accepted the DWP will produce their submission which in addition to their reasons for the Decision will contain all of the paperwork used in it's making, so I would wait until you have this before you create your own submission.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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