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ESA Reasessment from Support Group to Work Group
- Mind
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6 years 2 months ago #210044 by Mind
ESA Reasessment from Support Group to Work Group was created by Mind
I just had notification that I am being moved from the ESA Support Group to the Work Group after my face-to-face ESA Assessment and my benefit is being reduced by about £25.00. I received no phone call before this was done and I want to appeal. I sent further evidence directly to the Benefit office whilst I was waiting for a reply after the face-to-face assessment. I do not agree with this. I believe this is a cynical move to reduce my benefit amount and I am very stressed by this. Have they done this correctly? Shouldn't I have had a call from the Decision Maker before this was done?
Thank you for your help.
Thank you for your help.
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6 years 2 months ago #210049 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Reasessment from Support Group to Work Group
Mind
There is no requirement for the Decision Maker to contact the claimant before they make the Decision, if the Decision is borderline then they might, but otherwise not.
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
There is no requirement for the Decision Maker to contact the claimant before they make the Decision, if the Decision is borderline then they might, but otherwise not.
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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- Mind
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6 years 2 months ago #210061 by Mind
Replied by Mind on topic ESA Reasessment from Support Group to Work Group
Hi
Thank you for your reply, but I am a bit confused.
There was no reason for the decision within the letter.
Do I:
1. Ask for a Reason for Decision letter within 1 month of the date of this WRG letter
2. Receive their reply letter, then have 1 month from date of the Reason for Decision letter to ask for Mandatory Reconsideration?
3. Do i send further evidence with the the Mandatory Reconsideration?
Thank you.
Thank you for your reply, but I am a bit confused.
There was no reason for the decision within the letter.
Do I:
1. Ask for a Reason for Decision letter within 1 month of the date of this WRG letter
2. Receive their reply letter, then have 1 month from date of the Reason for Decision letter to ask for Mandatory Reconsideration?
3. Do i send further evidence with the the Mandatory Reconsideration?
Thank you.
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- Gordon
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6 years 2 months ago #210071 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Reasessment from Support Group to Work Group
Mind
You can ask for a SoR but in all the time that I have been moderating I have seen less than one handful actually produced, so you may be better off asking for the assessment report.
You have one month from the date of the Decision to ask for an MR, if you ask for a SoR then it is one month or two weeks after the date of the SoR, whichever is the later.
If you have further evidence then I would send it with the MR but don't just include it, explain it's relevance in your MT letter.
Gordon
You can ask for a SoR but in all the time that I have been moderating I have seen less than one handful actually produced, so you may be better off asking for the assessment report.
You have one month from the date of the Decision to ask for an MR, if you ask for a SoR then it is one month or two weeks after the date of the SoR, whichever is the later.
If you have further evidence then I would send it with the MR but don't just include it, explain it's relevance in your MT letter.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: marydoll56@hotmail.com
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- Mind
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6 years 2 months ago #210084 by Mind
Replied by Mind on topic ESA Reasessment from Support Group to Work Group
sorry "SoR" and "MT could you write in full for me please
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6 years 2 months ago #210093 by Gordon
Statement of Reasons
Mandatory Reconsideration
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Reasessment from Support Group to Work Group
Mind wrote: sorry "SoR" and "MT could you write in full for me please
Statement of Reasons
Mandatory Reconsideration
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Mind
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