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Fuming !!
- Sparky
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7 years 6 months ago #172256 by Sparky
Fuming !! was created by Sparky
Hi all
After a face to face assessment a few months ago , after being in the support group for around 3 years , I am now in the WRAG !! my condition has not improved at all over the years , and as they could obviously see had deteriorated a great deal .
I strongly disagree with this decision and will appeal , but how on earth do they come up with these decisions that are sooooo wrong ? !! I actually rang them up as I had not heard anything if they could tell me if a decision had been made yet , and after looking on another system and they could not initially find anything .... told me I WAS in the support group , so you can understand my disappointment when I received this letter this morning !!
Wonder if anyone else has experienced this ?
Any advice would be greatly appreciated .
Thanks
After a face to face assessment a few months ago , after being in the support group for around 3 years , I am now in the WRAG !! my condition has not improved at all over the years , and as they could obviously see had deteriorated a great deal .
I strongly disagree with this decision and will appeal , but how on earth do they come up with these decisions that are sooooo wrong ? !! I actually rang them up as I had not heard anything if they could tell me if a decision had been made yet , and after looking on another system and they could not initially find anything .... told me I WAS in the support group , so you can understand my disappointment when I received this letter this morning !!
Wonder if anyone else has experienced this ?
Any advice would be greatly appreciated .
Thanks
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7 years 6 months ago #172288 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Fuming !!
Sparky
It may depend on how you previously qualified for the SG, if it was under what is called Reg.35 then new DWP guidance has significantly reduced the number of claimants who might qualify for the SG under this route.
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 the ESA85 if you had a face to face and the 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 for the SG, 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
It may depend on how you previously qualified for the SG, if it was under what is called Reg.35 then new DWP guidance has significantly reduced the number of claimants who might qualify for the SG under this route.
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 the ESA85 if you had a face to face and the 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 for the SG, 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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