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DWP phone call re ESA assessment

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6 years 2 months ago #206152 by Gordon
Replied by Gordon on topic DWP phone call re ESA assessment
Gaddy

A hopeful congratulations for the SG. I'm afraid he Decision Notice usually takes 2-3 days to arrive.

Gordon

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

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6 years 2 months ago #206289 by Gaddy
Replied by Gaddy on topic DWP phone call re ESA assessment
Hello again Gordon,

This is an update on my previous post about successfully winning my appeal, I could do with some advice please.
I have now received the decision notice and have scored a total of 24 points, 9 of which I had already been awarded and 15 from the tribunal.
Despite receiving the 15 points for lack of bladder control I have not been placed in SG.
Having spoken to my representative he feels that the comments the judge has made about my incontinence the DWP may see this as an opportunity to challenge the decision. There was a DWP representative present and he was invited to add any comments at the end but he declined so I hope that could work in my favour if it comes to it.
The judge told me they would read my submission later in the day which clearly outlined 3 other descriptors I felt applied to me but as I have scored for these at a previous appeal and there is no mention of these points in my notice I have my doubts that this actually happened.
The appeal was rushed all the way through and then to find out they did not have my submission and no decision would be made then and there as they had run out of time felt very unfair. There was much that was unsaid that I feel I should have the opportunity to say.
So whilst my representative says I have the opportunity to have the appeal put aside because of the mistake( I know this risks losing the lot never mind the stress of starting again) I am also really worried the DWP will challenge the decision anyway.
I get the impression from the forum this is quite rare, am I correct in thinking this?
At the moment the win seems very hollow, I may have the award for now anyway but it was not a fair hearing and not having scored for the descriptors I was expecting worries me when a future appeal is likely.
I am meeting the representative next week to try and make sense of it all but your views would be much appreciated Gordon.

Please don't let my experience put any one off going to appeal, I gather it is unusual for this to happen.
Thanks

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6 years 2 months ago #206308 by Gordon
Replied by Gordon on topic DWP phone call re ESA assessment
Gaddy

The 15 point Descriptor does not lead to a Support Group award as it only requires you to have a problem once a month, for the SG you need to show that you effected weekly.

So the first thing you should consider is whether you can reasonably meet one or more of the SG Descriptors. From you post I am guessing that you have only scored against two activities so can take either of them to the SG requirements?

Although you talk about three other ESA activities, as you did not score against them then it may be unreasonable to hope for the SG through one of them, unless there has been a fundamental issue of understanding, which would be unlikely.

You have two options going forward, ask for a Set Aside based on the Submission not being available to the panel, based on what you have said happened I think you have a strong case.

And/or ask for a copy of the Statement of Reasons to see if you can find any additional Errors of Law.

In either case, understand that the most likely result is a new First Tier hearing, so if you are aiming for the SG you need to think about how you will achieve this.

Speak to your advisor about what you might do, they will of course have a better understanding of your options that we can on the forum.

Gordon

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

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6 years 2 months ago #206321 by Gaddy
Replied by Gaddy on topic DWP phone call re ESA assessment
Thanks Gordon will give my self a few days to let it al sink in then meet up with my representative to talk it through.
The tribunal decided to score me for once a month totally against what I said and what is in my Doctors letter so a little mystified by that conclusion though the assessor had reported incorrectly 'infrequently' at my face to face so they may well have decided they didn't believe me or the GP. I couldn't have made my case any clearer and although its not an easy subject to discuss I did not hold back.
The hearing really only centred on this one subject I felt, very little was covered on my depression and the limitations that resulted in.
And the issue of the DWP appealing the decision, the comments from the Judge say something along the lines of ' if it was that bad she would continue to take relevant medication despite the side effects and pursue a referral' This statement is not taking into account the very descriptors that apply regarding my limitations with mental health. Plus the medication didn't work as I said and the GP confirmed. Is this kind of statement likely to attract the attention of the DWP for reason to appeal in your experience?
Thanks again

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6 years 2 months ago #206325 by Gordon
Replied by Gordon on topic DWP phone call re ESA assessment
Gaddy

From your post the award was made due to the Continence Descriptors which is reasonably something that an appeal panel might decide on the day, so I don't think that it will be an issue that the DWP would appeal. Conversely these Descriptors have the most requirements to be met and this may be why you have not met the weekly requirement.

Gordon

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

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6 years 2 months ago #206329 by Gaddy
Replied by Gaddy on topic DWP phone call re ESA assessment
Thanks Gordon puts things into perspective a little, maybe the fact I scored at all for that descriptor is a result of sorts.

Will update further when I have decided whether to live with the decision as it stands or take the risk of getting the decision set aside and hope for a more favourable outcome at a second hearing.

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