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TOPIC: ESA assessment at home

ESA assessment at home 2 months 4 weeks ago #192071

Thank you Gordon for your time, guidance and help.

So I can ask for the assessment report right now? I don't have to wait for the MR result? Would it be okay if I send my request along with my letter for a MR, two letters in one envelope?

I take it an appointment for my local JC+ will be in the post because there's no mention about it or having to contact them in the decision letter. This is the aspect that's scaring me the most tbh.

Guessing it takes about the same time to get get a MR as it did from assessment to decision, 5wks? Or is it longer? During this time I'll have to do whatever I & the JC+ agree to do in WRAG? What kind of things can they ask you to do? Can you be sanctioned like JSA?

Sorry for all the Q's my mind is racing and my anxiety is through the roof :(

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ESA assessment at home 2 months 4 weeks ago #192081

Sam

The only thing you might want to do is wait to request the MR until you have had sight of the assessors report, just don't go over the month you have to make the request if you decide to wait.

If you decide to send the two in one envelope then make sure that two are in separate letters, as they will probably be by different departments.

It's down to your local JC+ office to contact you, so don't worry if they don't hurry to contact you, it's to your advantage if they don't.

Have a look at the ESA Claim guide for Mental Health, the section on Substantial Risk has a list of Work Related Activity. I'm afraid, failing to participate or conform to requirements can lead to your ESA being sanctioned.

Gordon

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

ESA assessment at home 2 months 2 weeks ago #192708

I've had the report from my medical and it tbh I'm having great difficulty in reading the handwriting. I'm going to ask someone else to look at it, see if they can help me read it but it's the worst example of Dr's writing I've ever seen, one downfall of having a hand written report vs computer.

In my opinion some of the boxes he's ticked seem to contradict the summary on the front page of the report (typed) as well as how I feel my condition affects me and what I told the Dr at the assessment.

What I'd like to know is this; when requesting a MR should I be explaining in detail why I want one i.e picking out parts of the report I think are wrong? Or do you only do that at the appeal/tribunal? Obviously time is running out and I'm guessing it's of greater importance to just get the MR request in with perhaps a broad reason as seen in the ESA appeal guide?

I'm really worried/scared of this going to appeal now :(

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ESA assessment at home 2 months 2 weeks ago #192741

Sam

Whilst revision rates at MR are very low, they do happen, so if you want to try and get an award quickly then you should provide as much information as you can for the MR. Although dealing with the issues in the report is important, an award will only be made, whether it be at MR or appeal, by your showing that you meet the criteria for one.

Gordon
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ESA assessment at home 2 months 2 weeks ago #192926

Thanks again Gordon.
So in my MR request I need to show/explain that I think that support group descriptors relevant to my claim do apply to me? It's okay showing that I know about these support descriptors then? Just worried that it's not something your average claimant would know about, only someone who has access to the resources this site has, I won't get in trouble or harm my case?

Also reading the appeals guide it warns that if you're in ESA WRAG and ask for a MR there is a risk of losing your benefit altogether, the DM could decide against the original decision in the opposite way. That seems very cruel and is another worry, how often does it happen? My ESA85 seems quite supportive of my claim from what I can make out at least. I only thought the real risk of losing it all was at appeal/tribunal. :(

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ESA assessment at home 2 months 2 weeks ago #192939

Sam

The ESA legislation and all of the documents associated with the process are in the public domain so there is absolutely no problem with you being aware of the criteria for the Support Group.

An MR re-makes the original Decision which means that it can make any Decision that was available to the original Decision Maker, this means that they can reduce or even remove an existing award. It doesn't happen very often, I've only seen one on the forum in the last three months of so, but it does still happen.

Gordon
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