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ESA Letter - Confused

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7 years 6 months ago #172348 by Gordon
Replied by Gordon on topic ESA Letter - Confused
babydoll

You can re-arrange the appointment but it will count as your one allowed change. If you do cancel then make the new appointment while you are on the phone with them or you risk another inconvenient appointment being booked.

It is worth reminding them that you have requested that the assessment be recorded.

To find someone to go with your husband try the following;

Do an internet search for "welfare advice" with your postcode, town or county, it's very unlikely that an advisor will be able to attend with you but they may know of organisation who can.

Contact any charities that support your husband's conditions they may have a local group.

Lastly, speak to your GP surgery they usually have a list of local volunteer organisations.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 4 months ago #177509 by Goodlife
Replied by Goodlife on topic ESA
Happy New Year to One and All at Benefits and Work.

My husband had his medical mid-december (2016), which was recorded as he had requested. Just before Christmas we contacted relevant DWP office to ask for a copy of the HP's report. The DWP person stated that " the report had been received but was unable to send out because it hadn't been looked at yet". The person went on to say that he would mark the file so that when a decision maker had looked at it a copy would be sent out. I didn't think that information was perhaps correct. Should we contact that office again and ask / insist it be sent out or ask to speak to someone else if we get told the same thing again?

Last time (when hubby was put into WRAG) we used your info to write a letter for the medical, which was ignored. We eventually used a solicitor and after about three months DWP sent copy of hubby's file minus the medical, to cut a long story short we never got a copy of the medical even with the solicitor's intervention. Hence this time gonna try to get one, especially now that the consultant psychiatrist has diagnosed hubby with a type of PTSD.

Any pointers about getting medical greatly appreciated.

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7 years 4 months ago #177526 by Gordon
Replied by Gordon on topic ESA Letter - Confused
babydoll

For ESA, the DWP will not send a copy of the assessment report until a Decision on the claim has been made. I would contact then again once this has happened.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 3 months ago #180036 by Goodlife
Replied by Goodlife on topic ESA Letter - Confused
Well after almost five months from submitting renewal claim pack, two/three telephone calls to DWP, with CAB & Welfare Rights being unable to assist (well at least for a month) and eventually the intervention of our local MP my husband has a decision. Albeit via the MP who has informed us of the decision and that DWP has promised my husband will have written confirmation by the end of this week.

Trouble is they have again put him into WRAG (for how long we do not know yet). This time we are going to have to ask for a mandatory reconsideration, etc.

My concern is the time factor for doing this. I have started to read the guides in the members area on doing this. My Question is really what should the DWP send to him with their decision letter? and if they dont send out all the info how long do we have to sort this out. We asked for the HP assessment report previously but wouldn't be suprised if it didnt come with decision letter.

My husband is not in the best of places at the moment and it will be down to me to do all this. We are still waiting for welfare rights to get back to us.

Although the MP wrote and said she was happy to help further I cannot see her getting involved in any way with the mandatory reconsideration. However is she likely to know or have any sway with CAB & Welfare Rights locally (albeit perhaps behind the scenes).
My husband has been diagnosed with PTSD but doesn't have a mental health worker although he is being supported by the county council mental health services.

Any tips, guidance etc., would be appreciated.

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7 years 3 months ago #180054 by Gordon
Replied by Gordon on topic ESA Letter - Confused
babydoll

You will have one month to request an MR from the date on the Decision Letter.

Don't wait for the assessment report to make the request if it means that it will be late, you can lose your right of appeal if the MR is not submitted in time, you can always ask for extra time in your request to submit more information.

Your husband will only be placed in the SG if you can show that he meets one or more of the SG Descriptors, so you need to review the ESA Claim guides to see how this might be achieved.

Re finding local help. DO an internet search for "welfare advice" with your postcode, town or county.

Your MP may be able to speed the MR and might be able to slow it if necessary but beyond that they cannot help as the MR is a legal process.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Goodlife

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7 years 2 months ago #180827 by Goodlife
Replied by Goodlife on topic ESA Letter - tells us less than before
Hi there, The letter arrived and tells us less than it did before. It does not mention ANYTHING about the renewal claim, reasons why and as predicted does not include the HP report as we previously requested. Luckily the MP is supportive and has said that she will contact the DWP requesting the reasons for decision and for the HP report. However I have an eye on the timescales and we will write a letter asking for Mandatory Reconsideration, asking for more time etc., if necessary.
My Main Question is this - I receive B&Work emails and read the one about PIPs and the recent tribunal judges ruling relating to anxiety and dyslexia. My husband suffers from both and medical studies show that with anxiety dyslexic people's coping strategies are affected and the dyslexia is worse, thus creating more anxiety.
Would it be worthwhile quoting this as part of the ESA Mandatory Reconsideration? I know it is for PIPs but two of the ESA catogeires are about going out, finding your way round unfamiliar and familiar places and also dealing with financial matters. Surely they cross over into ESA. Hope this all makes sense.
Secondly although my husband is on ESA (work related activity group) it is on a CB basis and his 365 days ran out in April 2016. Since then he obviously hasnt received any money but they pay NI contribution. In December he did not receive the Christmas Bonus is this correct or should he have received it as he is still on ESA? ( a triviality really but annoying all the same).

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