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TOPIC: Gathering supporting evidence

Gathering supporting evidence 2 months 1 day ago #195814

Update on Decision: I have been found "capable of doing some work"

I am reading through the 10 pages, I scored 9 points in the mental health category
"Dealing with other people".

I believe this should have been 15 points on its own. I was previously in the Support Group for this same issue.

Other categories where I detailed difficulties I received 0 points for:
- Starting and finishing tasks
- Coping with changes
- Going out

I am reading through the pdf. but at the moment I am a bit overwhelmed and confused. I am not yet capable of work due to my difficulties, I cannot interact with people so JSA is not an option - I will try to learn how to request a reconsideration for this decision. If they do not change the decision my situation will deteriorate as I rely on the ESA.

I am learning about "mandatory reconsideration" but to be honest I don't feel very hopeful.

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Gathering supporting evidence 2 months 10 hours ago #195847

  • Gordon
  • Away
  • Posts: 30985
7days

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
The following user(s) said Thank You: 7days

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Gathering supporting evidence 1 month 1 week ago #197199

Hi Gordon,

I felt so despondent about the mandatory reconsideration being successful that I have left it until the last minute to sort out.

I will not have time to request an ESA85 but there is quite a lot in 4 pages written under the heading "Decision Maker's reasons for the decision on your claim" which doesn't properly represent my situation and I want to contest.

I have copied the MR template from the pdf -

I am a bit unsure about the "written submission" part I read about. Is this something I should include now with the MR? Or is that something that is only relevant at the appeal stage?

I was planning on including a written submission as additional evidence using the format in the "sample written submissions" chapter but tailoring it my situation - as it is in the appeals section I am not sure if this is necessary at this stage?

This decision I am reading does not describe my situation at all, it is like I am reading about another person - very inaccurate representation of me and my difficulties.

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Gathering supporting evidence 1 month 1 week ago #197207

  • Gordon
  • Away
  • Posts: 30985
7days

The term submission is normally associated with an appeal but you do need to think about explaining why you disagree with the Decision and more importantly explaining why you should score the points that you think you should for the MR, so whatever you end up calling, include your reasons with the request.

Gordon

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