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IN ESA SUPPORT GROUP SINCE 2007 AND NOW 0 POINTS

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7 years 7 months ago - 7 years 7 months ago #173512 by LMM
Hi all,

Any advice that you can give me would be much appreciated.

My mum had her wca in september, she has been suffering from severe neuropathic pain in her lower back and legs. She has been in the esa support group since 2007 and has been assessed twice before this september.

at the recent wca she scored 0 points. Looking at the dm's notes it appears that the assessor completely lied. He says the he observed my mother sit, walk and get up unaided when in reality i was there and helped her.

He kept on pushing during the assessment, for example he asked whether my mother could cook for her self , when we said no , he asked whether she could make anything for herself like toast. I responded sometimes but made sure to explain that it was not something that she could do everyday. There are many other half truths in the report to for example that my mother sits to watch tv for several hours a day, when in reality we said that she lies in bed most of the day and sometimes watches stuff on my ipad whilst lying down.

The dm also suggested that we get her a wheelchair so she mobilize for 200 metres, this is completely unreasonable as we don't have the space to store the wheelchair and we live on the 1 floor and my mother can't go up and down the stairs unaided.

Im really worried but i am going to be requesting a mandatory reconsideration.

Im not sure how i should fight this, i will be speaking to her gp this week and ask for his help but her main doctor just left the practice .

Do assessors lie like this ? What can i do about it?

It so happens as well that my mother had an appointment at her pain clinic this week where she was prescribed some new pain medication "duloxetine 60mg" unfortunately i was unable to attend because of work, my brother who is a teenager took her there but he is not the best at getting info out the doctor.

Should i mention this in the mr? Even do im not sure what it means for her prognosis and it will take me a while to get in touch with the relevant consultant?

Should i argue every point that i think is incorrect in the report and explain?

i know that assessors get a bad rep but in the past my experience of them was generally good. Wish that i had read the guides on this site before the assessment :-(

I work full time and so does my younger brother, we signed her up to jsa and one of us will need to take her by cab to the jobcentre every time because she cant go out alone. Does the dpw expect us to quit our jobs so we can take our mother to work and help her? They are so unreasonable.......

Any advice you can give me would be appreciated.

Wish that found this website earlier. Apologies for everything being uppercase, my keyboard isnt working.

Regards,

L
Last edit: 7 years 7 months ago by Gordon. Reason: CHanged case

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7 years 7 months ago #173562 by Gordon
LMM

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

Please don't post in upper case again, even if your keyboard is faulty there are ways to transfer it into lower case, it is very difficult to read in the forum and causes problems for members who use screen reading software!

First of all your mom's JSA, if her GP is prepared to provide a Fit Note then once her JSA claim has been accepted (and not before) then she can present the Note and should be excused from any obligations under JSA 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 her 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 her ESA85A,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 she meet the criteria for an award. I would start by going through her ESA50 with our ESA Claim guide (link above) to make sure that she has shown that she meets the legal criteria. In particular for the Moving Around activity the DWP can consider the use of a wheelchair, arguments of the logistical problems she might have may not be sufficient, it will definitely help if you can show that she would have problems self-propelling

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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