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ESA Post Medical Phone call what to expect
- zoebuggy
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8 years 6 months ago #171133 by zoebuggy
ESA Post Medical Phone call what to expect was created by zoebuggy
Hi
I had my ESA Capacity for Work medical 6+ weeks ago. On the form I said I would rather not have phone calls and went to the medical with a 'friend' for support. My claim is both for physical and mental.
Today I had a phone call from the DWP, saying they are going to phone call me for a further 20 minute interview tomorrow morning, to which I meakly agreed. I am now beginning to panic, what should I expect. Any adice or guidelines
Many thanks
Zoe
I had my ESA Capacity for Work medical 6+ weeks ago. On the form I said I would rather not have phone calls and went to the medical with a 'friend' for support. My claim is both for physical and mental.
Today I had a phone call from the DWP, saying they are going to phone call me for a further 20 minute interview tomorrow morning, to which I meakly agreed. I am now beginning to panic, what should I expect. Any adice or guidelines
Many thanks
Zoe
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- slugsta
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8 years 6 months ago - 8 years 6 months ago #171155 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic ESA Post Medical Phone call what to expect
Hi zoebuggy,
I believe that the Decision Maker will call thew claimant when they are uncertain whether to make an award, or which group to allocate the claimant to.
I understand that you are finding this very upsetting, but I think it would be in your interest to take the phone call if you possibly can. Maybe make some notes, to keep by the phone, about your problems so that you won't forget under the stress of the moment.
I believe that the Decision Maker will call thew claimant when they are uncertain whether to make an award, or which group to allocate the claimant to.
I understand that you are finding this very upsetting, but I think it would be in your interest to take the phone call if you possibly can. Maybe make some notes, to keep by the phone, about your problems so that you won't forget under the stress of the moment.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 6 months ago by slugsta.
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- zoebuggy
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8 years 6 months ago #171382 by zoebuggy
Replied by zoebuggy on topic ESA Post Medical Phone call what to expect
Hi
Not sure whether to start new Topic.
Finding everything confusing..including where search is for this helpful forum.
Update ESA phoned me yesterday. Told me that I failed the WCA and that I recieved only 6 points on the Physical side and 0 on mental health. (Enter state of Shock). They said I had one month to apply for a Mandatory Reconsideration from the phone call, and that the letter is in the post. They also made an appointment for me at the Job Centre to which I went this morning. Its a joke because I am really not physically or mentally able to work.
After this I went to local advice centre but they were unable to offer any help until I get to to the Appeal stage.
I am finding every thing confusing and do not know how to start the Mandatory Reconsideration (MR). If you could point me in the right direction I would be very grateful. Is it best to wait for the letter or act now.
I have tried getting an appointment with my Doctor but he is on holiday for 3 weeks, and i cant see him before the MR application time runs out. While I am definetly want a reconsideration on the mental health side (I wrote tons, which have been ignored), on my ESA 50 I missed out a significant limitation I have on one of the Physical capabilities.
Thanks in advance Zoe
Not sure whether to start new Topic.
Finding everything confusing..including where search is for this helpful forum.
Update ESA phoned me yesterday. Told me that I failed the WCA and that I recieved only 6 points on the Physical side and 0 on mental health. (Enter state of Shock). They said I had one month to apply for a Mandatory Reconsideration from the phone call, and that the letter is in the post. They also made an appointment for me at the Job Centre to which I went this morning. Its a joke because I am really not physically or mentally able to work.
After this I went to local advice centre but they were unable to offer any help until I get to to the Appeal stage.
I am finding every thing confusing and do not know how to start the Mandatory Reconsideration (MR). If you could point me in the right direction I would be very grateful. Is it best to wait for the letter or act now.
I have tried getting an appointment with my Doctor but he is on holiday for 3 weeks, and i cant see him before the MR application time runs out. While I am definetly want a reconsideration on the mental health side (I wrote tons, which have been ignored), on my ESA 50 I missed out a significant limitation I have on one of the Physical capabilities.
Thanks in advance Zoe
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- Gordon
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8 years 6 months ago #171388 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Post Medical Phone call what to expect
zoebuggy
Once your claim for JSA has been accepted you can provide a Fit Note and be excused from any Job Search requirement for up to 13 weeks
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 if you have not already done so, ask for a copy of the ESA85, 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
Once your claim for JSA has been accepted you can provide a Fit Note and be excused from any Job Search requirement for up to 13 weeks
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 if you have not already done so, ask for a copy of the ESA85, 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
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8 years 6 months ago #171455 by zoebuggy
Replied by zoebuggy on topic ESA Post Medical Phone call what to expect
Hi
The are so many confusing things in my life atm so I am easily befuddled and muddled.
I have heard that the DWP expect a Mandatory Reconsideration to take 2 Weeks.
When then is the best time to apply for a Mandatory Reconsideration
a) Straight away on the phone and then send a letter in within 2 weeks (hectic time with family)
b) Or wait until I am ready with a letter outlining the several reasons for the Mandatory Reconsideration including a new area which i had forgotten to put on my ESA 50. So they take in the actual reason for the reconsideration.
Sorry to be slow.
Super Grateful as always to the volunteers here.
The are so many confusing things in my life atm so I am easily befuddled and muddled.
I have heard that the DWP expect a Mandatory Reconsideration to take 2 Weeks.
When then is the best time to apply for a Mandatory Reconsideration
a) Straight away on the phone and then send a letter in within 2 weeks (hectic time with family)
b) Or wait until I am ready with a letter outlining the several reasons for the Mandatory Reconsideration including a new area which i had forgotten to put on my ESA 50. So they take in the actual reason for the reconsideration.
Sorry to be slow.
Super Grateful as always to the volunteers here.
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- Gordon
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8 years 6 months ago #171477 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Post Medical Phone call what to expect
zoebuggy
MR's rarely take two weeks, average time are probably 4-5 weeks at best.
As previously posted, you must request an MR within one month of the date of the Decision.
You can wait to make the request until documentation is available or you can make the request now and say you are waiting on documentation and the DWP should allow you four weeks from the date of your letter to provide additional evidence to your MR.
Gordon
MR's rarely take two weeks, average time are probably 4-5 weeks at best.
As previously posted, you must request an MR within one month of the date of the Decision.
You can wait to make the request until documentation is available or you can make the request now and say you are waiting on documentation and the DWP should allow you four weeks from the date of your letter to provide additional evidence to your MR.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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