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Reconsideration

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11 years 5 months ago #94139 by PrstnKaren
Reconsideration was created by PrstnKaren
Hi
I have been transfered to ESA having previously been in receipt of incapacity benefit and income support. I scored 30 points following an asos medical. I believe I should be in the support group.

Do I just need to challenge the descriptor that applies to this or do I also challenge other descriptors where I feel I should have scored points or where the asos medical is factually incorrect or where my evidence has been ignored?
Where I scored myself and the asos medical didnt do they need to explain their decision on the medical form?

I want to go for reconsideration at first as I am in receipt of DLA and am worried if I go to appeal this may be looked at and also am not sure I can face the whole appeal process as my ME is badly affected by the stress and in addition my mum has just been diagnosed with a terminal cancer.

many thanks

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  • cde11
11 years 5 months ago #94141 by cde11
Replied by cde11 on topic Re: Reconsideration
Hello I was told by dwp that esa and dla had nothing to do with each other!

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11 years 5 months ago #94144 by PrstnKaren
Replied by PrstnKaren on topic Re: Reconsideration
Hi
Have heard they can use asos medical to look at DLA and ask for DLA paperwork if you go to appeal

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11 years 5 months ago #94147 by slugsta
Replied by slugsta on topic Re:Reconsideration
ESA and DLA are very different - however, we do know that DWP have been using the 'medical' for one when assessing the other.

SkuBlues, I am sorry that you, and your family, are going through such a difficult time at the moment. I understand that this is the last thing you need to be dealing with at the moment.

Don't forget that you can always discontinue an appeal at any stage and also that a reconsideration must be carried out as the first step of an appeal anyway. To give yourself the best chance of getting the decision overturned on reconsideration, you need to make it absolutely clear which descriptors you meet and provide evidence to back that up (or point to the evidence that you have already provided).

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

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11 years 5 months ago #94148 by PrstnKaren
Replied by PrstnKaren on topic Re:Reconsideration
Thank you for your support.

At my medical I gave verbal evidence on the descriptor in question (and gave detail on the form) but other than my word and that of my daughter who is my carer I have no other evidence. As the asos professional ignored this I am wondering how i can prove the descriptor. As is often the case with ME because the symptoms are hidden and not visible they are often difficult to prove.

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11 years 5 months ago #94151 by PrstnKaren
Replied by PrstnKaren on topic Re:Reconsideration
Sorry to be a pain but on page 16 of my asos medical report it says under exceptional circumstances - the non-functional descriptors were not considered for this case as curtailment applied.
What does this mean?

Thanks

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