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ESA - Lies in DWP Decision Maker's Report
- redrobbie
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8 years 3 weeks ago #160309 by redrobbie
ESA - Lies in DWP Decision Maker's Report was created by redrobbie
Hi All,
First time post so hopefully I'm posting in correct section, apologies if I'm in wrong place.
My mum had been awarded ESA and placed in the support group 3 years ago approx and a few months back we received letter that DWP wanted to review her case and she needed to attend another Work capability assessment - this letter followed the same that happened for her PIP which she then was told that she was no longer entitled to. We asked for reconsideration and no joy. Anyway back to ESA - following the assessment we received letter from decision maker where my mother was not even scored one point and to my shock - it contains numerous lies about the day!
For example it says that my mother could understand everything being said, and could hear her name and report to the room unaided - when in fact her sister had to be present, usher her into the correct room, chase up when they would be seen as my mother was uncomfortable waiting for 50mins etc.
Other example is stating that she has no psychiatric input or counselling for her anxiety when she has - I even printed copies of the psychiatric report and sent with the questionnaire,
There are numerous other lies.
I am planning to request the mandatory reconsideration but feel really disappointed in what this assessor has written and feel its their word against ours,
Has this happened to anyone else and can anyone advise what to do next?
Even the jobcentre where my mother is applying for JSA now that her ESA has stopped are shocked that my mother was considered as able to work. She is 62 years old and suffers from high blood pressure, depression, anxiety, diabetes, asthma and cannot speak any English.
First time post so hopefully I'm posting in correct section, apologies if I'm in wrong place.
My mum had been awarded ESA and placed in the support group 3 years ago approx and a few months back we received letter that DWP wanted to review her case and she needed to attend another Work capability assessment - this letter followed the same that happened for her PIP which she then was told that she was no longer entitled to. We asked for reconsideration and no joy. Anyway back to ESA - following the assessment we received letter from decision maker where my mother was not even scored one point and to my shock - it contains numerous lies about the day!
For example it says that my mother could understand everything being said, and could hear her name and report to the room unaided - when in fact her sister had to be present, usher her into the correct room, chase up when they would be seen as my mother was uncomfortable waiting for 50mins etc.
Other example is stating that she has no psychiatric input or counselling for her anxiety when she has - I even printed copies of the psychiatric report and sent with the questionnaire,
There are numerous other lies.
I am planning to request the mandatory reconsideration but feel really disappointed in what this assessor has written and feel its their word against ours,
Has this happened to anyone else and can anyone advise what to do next?
Even the jobcentre where my mother is applying for JSA now that her ESA has stopped are shocked that my mother was considered as able to work. She is 62 years old and suffers from high blood pressure, depression, anxiety, diabetes, asthma and cannot speak any English.
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8 years 2 weeks ago #160363 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA - Lies in DWP Decision Maker's Report
redrobbie
Very quickly with the PIP, you can appeal the Decision and/or make a new a claim.
As to the ESA.
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, 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;
"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
Very quickly with the PIP, you can appeal the Decision and/or make a new a claim.
As to the ESA.
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, 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;
"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
The following user(s) said Thank You: redrobbie
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- redrobbie
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8 years 1 week ago #160922 by redrobbie
Replied by redrobbie on topic ESA - Lies in DWP Decision Maker's Report
Hi Gordon,
Many thanks. I have now done the following:
1) Called DWP and requested the mandatory reconsideration. The advisor mentioned to me to also send something in writing and if I could get a doctor's letter supporting my mother's situation than that would be helpful. The earliest my mother's GP will see her will be after the 1month but he stated that he would record this and for me to explain this in the lettter - In summary to not provide further details until I receive the GP statement - which is fair enough
2) I have received the ESA85 Medical report
3) My first view is that the Healthcare professional (HCP) acknowledged my mothers weaknesses in the criteria for the cognitive part of the assessment more so than the physical part yet she scored 0 for every single category.
Is there a minimum score she needs to reach to be put in the support group (which she was in up until the recent decision).
I am beginning drafting my response to the assessment and medical report - is there someone who would be able to cast an eye over some of the responses just to check I'm doing it correctly?
Thanks,
redrobbie
Many thanks. I have now done the following:
1) Called DWP and requested the mandatory reconsideration. The advisor mentioned to me to also send something in writing and if I could get a doctor's letter supporting my mother's situation than that would be helpful. The earliest my mother's GP will see her will be after the 1month but he stated that he would record this and for me to explain this in the lettter - In summary to not provide further details until I receive the GP statement - which is fair enough
2) I have received the ESA85 Medical report
3) My first view is that the Healthcare professional (HCP) acknowledged my mothers weaknesses in the criteria for the cognitive part of the assessment more so than the physical part yet she scored 0 for every single category.
Is there a minimum score she needs to reach to be put in the support group (which she was in up until the recent decision).
I am beginning drafting my response to the assessment and medical report - is there someone who would be able to cast an eye over some of the responses just to check I'm doing it correctly?
Thanks,
redrobbie
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- Gordon
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8 years 1 week ago #160936 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA - Lies in DWP Decision Maker's Report
redrobbie
The Support Group is not points based, she needs to meet one or more the SG Descriptors. See the ESA Claim guides for a list of these.
Acknowledging problems with either her physical or mental health is not the same as her meeting the criteria for an award, you/she need to show that she meets that criteria, also, many of the descriptors have multiple elements, all of them need to be met to score points, meeting some will not result in an award, no matter how much she might exceed to requirements for the ones she does.
I'm afraid it goes beyond the remit of the forum for us to offer specific advice such as commenting on your submission for the MR, it would require us to have a knowledge of your mother's problems that we can't possibly get on a forum.
Gordon
The Support Group is not points based, she needs to meet one or more the SG Descriptors. See the ESA Claim guides for a list of these.
Acknowledging problems with either her physical or mental health is not the same as her meeting the criteria for an award, you/she need to show that she meets that criteria, also, many of the descriptors have multiple elements, all of them need to be met to score points, meeting some will not result in an award, no matter how much she might exceed to requirements for the ones she does.
I'm afraid it goes beyond the remit of the forum for us to offer specific advice such as commenting on your submission for the MR, it would require us to have a knowledge of your mother's problems that we can't possibly get on a forum.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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