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Request for help after 0 point medical assessment

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6 years 9 months ago #193069 by Chaza123
Could anybody please advise ,my wife has just received her assessment after an esa medical and received 0 points . The professional who carried out the assessment has clearly lied about several points and made some very large assumptions Around various issues regarding the wife's abilities the question is how do I word the request for a reappraisal .
I am loath to call into question the ability of the professional but it appears to be an integrity issue which may eventually require them being reported to their professional body I.e GMc
Or nursing authorities etc
Any help would be appreciated

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6 years 9 months ago #193082 by Gordon
Chaza

Any complain that you would make would be separate from your challenging the Decision. See

www.chdauk.co.uk/contact-us

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, it will be an 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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6 years 9 months ago #193104 by gixxacath
i feel just like you go to cab as i find the info on here confusing and my posts i cant find them ,

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6 years 9 months ago #193131 by Gordon

kath wrote: i feel just like you go to cab as i find the info on here confusing and my posts i cant find them ,


Kath

I am posting the following on each of your posts in the hope that you read at least one of them.

You need to stop posting in multiple topics, select one of your topics and post all of your questions in it. You can bookmark this topic in your browser so you can easily find and as your questions and my answers will be all together, you can easily refer back to them.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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6 years 9 months ago #193334 by Chaza123
Sorry if the answer to this is elsewhere we intend to ask for a mandatory reconsideration in our case
My question is when we write in do we outline all the points we don't agree with and add our extra evidence at this time so when it is reconsidered they have all the points for example the wife was asked if she came by car she replied yes and indicated it took about 15 mins when she tried to point out she needs assistance getting in and out of the car the professional just said we will come to that later this was written upon the report as enjoys long car journeys a theme which went on throughout the interview the didn't appear to be listening and just typed on the computer
Any advice would be much appreciated

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6 years 9 months ago #193336 by Gordon
Chaza

You need to explain why she should receive an award, this means that you need to show that she scores the points for one. So you need to explain why she meets the criteria and why the assessors view that she doesn't is wrong.

Remember that she must be able to reliably complete and activity on the majority of days not to score points, so if she can't reliably complete an activity then you need to explain why. Also you need to cover off whether aids would help her or whether prompting, assistance or supervision from someone else would help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Chaza123

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