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ESA Support Group to 0 points!
- Huffpuffin
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6 years 9 months ago #193315 by Huffpuffin
ESA Support Group to 0 points! was created by Huffpuffin
Hi
First post here, so please be gentle.
Long story short, I applied for ESA in July 2014, and was finally awarded it January 2015. Placed in SG without F2F (ATOS). August 2016 was sent an ESA50 form for review. Sent this back within 10 days.
I eventually had F2F (Maximus) about 5 weeks ago (after twice being cancelled by them with 2 hours notice).
I had a phone call this morning from DWP to say that I did not score any points, so ESA will stop from today.
My question is: Am I right in thinking that if I cannot reliably mobilise 50 metres, then I would score 15 points and be placed in SG? I have already asked for and received a copy of the report, and the assessor states that I walked 30 metres with 2 crutches and had to stop once. Because the centre (Lewes) is not geared up for disabled clients (which to me seems odd given the number of disabled people who attend), my wife had to sweet-talk a security guard to allow me into the building via the staff entrance, which was a shorter route.
I also receive PIP (Standard DL and enhanced mobility). This was awarded in June 2015 for 2 years. I was reassessed May 2016 and currently have an award until May 2020. Surely, the fact that I received 12 points for PIP mobility (cannot walk 20 metres), should mean that I also cannot walk 50 metres for ESA? Am I missing something here?
Any advice gratefully received. I fully intend asking for MR as soon as they send me written notification.
Thanks.
First post here, so please be gentle.
Long story short, I applied for ESA in July 2014, and was finally awarded it January 2015. Placed in SG without F2F (ATOS). August 2016 was sent an ESA50 form for review. Sent this back within 10 days.
I eventually had F2F (Maximus) about 5 weeks ago (after twice being cancelled by them with 2 hours notice).
I had a phone call this morning from DWP to say that I did not score any points, so ESA will stop from today.
My question is: Am I right in thinking that if I cannot reliably mobilise 50 metres, then I would score 15 points and be placed in SG? I have already asked for and received a copy of the report, and the assessor states that I walked 30 metres with 2 crutches and had to stop once. Because the centre (Lewes) is not geared up for disabled clients (which to me seems odd given the number of disabled people who attend), my wife had to sweet-talk a security guard to allow me into the building via the staff entrance, which was a shorter route.
I also receive PIP (Standard DL and enhanced mobility). This was awarded in June 2015 for 2 years. I was reassessed May 2016 and currently have an award until May 2020. Surely, the fact that I received 12 points for PIP mobility (cannot walk 20 metres), should mean that I also cannot walk 50 metres for ESA? Am I missing something here?
Any advice gratefully received. I fully intend asking for MR as soon as they send me written notification.
Thanks.
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6 years 9 months ago #193323 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Support Group to 0 points!
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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
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
I suspect your problems stem from the fact that ESA is not a walking test, it is a Mobility test! In addition to your walking it considers your ability to self-propel a manual wheelchair over the same distances, you do not need to be using a wheelchair or even to own one for it to be considered. SO even if you can show your walking is restricted, unless you can also show that you cannot self-propel the wheelchair you will still not score points.
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 (ESA85), 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
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
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
I suspect your problems stem from the fact that ESA is not a walking test, it is a Mobility test! In addition to your walking it considers your ability to self-propel a manual wheelchair over the same distances, you do not need to be using a wheelchair or even to own one for it to be considered. SO even if you can show your walking is restricted, unless you can also show that you cannot self-propel the wheelchair you will still not score points.
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 (ESA85), 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
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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