PUT IN WRAG DESPITE 18 POINTS.

Mull wrote: PUT IN WRAG DESPITE 18 POINTS. IS IT WORTH APPEALING? I HAVE READ YOUR GUIDE LINES WERE IT SAYS IT COULD REDUCE MY BENEFIT. IS IT STILL FOR ONE YEAR ONLY? ON MY FORM I SAYS 'WRAG' FOR 12 MONTHS THEN I WILL BE RE-ASSESSED AGAIN TO ASSESS MY CURRENT CONDITION. SORRY THE CAPS, MY LAPTOP IS BROKEN.
MANY THANKS

The obvious question is do you think that you meet any of the Descriptors that qualify you for the SG?

What did you score? 2 x 9 or 3 x 6?

Do any of the activities that you score for have an SG equivalent?

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, it's an ESA85 if you had a face to face and an ESA85A if you did not, 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

Mull wrote: Thanks for the reply gordon.
i have had some help and its been pointed i dont qualify for the support group because of

'if as a result of some illness or mental disablement, there would be a substanital risk to the mental or physical health of your self or any other person if you were found not to have limited capability for work related activity. However, based on the evidence supplied by yourself i have decided that this does not apply to you.
Which i find totaly outrageous and very stressfull.
Thanks for your time Gordon it was gratefully appreciated.

So you were hoping to qualify under Regulation 35!

Just because the DM doesn't agree you do, does not mean that a Tribunal panel won't, but be aware that this is a very specific route to being placed in the SG, you must show a current risk and this must be related to your having to perform Work Related activity.

Have a look at the ESA Claim guide due to mental Health there is a section that covers this; More on the very important ‘substantial risk’ rules.

Gordon