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ESA result good news and bad
- sammy25
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6 years 10 months ago #190852 by sammy25
ESA result good news and bad was created by sammy25
It has taken just short of a year for my claim to be sorted out and today I have been put in to the WRAG. My contribution based benefit stops early next month and I will not qualify for income based so my only option is to appeal. I have been retired on grounds of ill health from my work as my work wouldn't make anymore adjustments for me and I have an OT report saying my condition is permanent and will not improve. Seems DWP have ignored this even though it is they who have retired me. Irony they didn't want me but wasn't someone else to take me on. I don't think I filled the form in as well as I could as I was not a member at that time. Would I be able to send a revised form in now or would I just need to make relevant points in a letter. I have epilepsy due to brain injury and cognitive issues.
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6 years 10 months ago #190861 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA result good news and bad
Annem
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
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/rsa1
You should contact the DWP for a copy of the assessment report, an ESA85 if you had a face to face and an ESA85A if you did not, 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 for the SG, this has very specific criteria, your ill health report may help but only by your showing how it relates to the ESA Descriptors.
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
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
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/rsa1
You should contact the DWP for a copy of the assessment report, an ESA85 if you had a face to face and an ESA85A if you did not, 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 for the SG, this has very specific criteria, your ill health report may help but only by your showing how it relates to the ESA Descriptors.
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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- sammy25
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6 years 10 months ago #191394 by sammy25
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Hi I finally received papers back from the Dept. Health prof ended his report saying ‘work was unlikely in the longer term‘ but was very naughty cos said he did physical examinations which he didnt do!! He also seems to have ignored the wealth of evidence from medical professionals about my cognitive problems due to my epilepsy which is uncontrolled and long term 38 years, though he does mention this. Ive also had 2 lots of radiotherapy to my brain. This is why in the end dwp retired me after only 8 years with them. Ive been through all the back to work stuff in the old days, went to a 2 ticks employer and look where it got me. Right back where i started
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- Gordon
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6 years 9 months ago #191437 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA result good news and bad
Annen
If your primary condition is Epilepsy then this won't lead to an SG award as the Staying Conscious activity has no SG equivalent Descriptor. To be placed in the SG you will either need to meet another Descriptor that does lead to the SG or qualify under the Substantial Risk Regulations.
See the ESA Claim guides for more details.
www.benefitsandwork.co.uk/help-for-claimants/esa1
Gordon
If your primary condition is Epilepsy then this won't lead to an SG award as the Staying Conscious activity has no SG equivalent Descriptor. To be placed in the SG you will either need to meet another Descriptor that does lead to the SG or qualify under the Substantial Risk Regulations.
See the ESA Claim guides for more details.
www.benefitsandwork.co.uk/help-for-claimants/esa1
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- sammy25
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6 years 9 months ago #191476 by sammy25
Replied by sammy25 on topic ESA result good news and bad
My condition has been complex over the years. Had a subarachnoid haemorrhage due to avm when I was 18. Then 20 years later had this treated by gamma knife twice to ablate it. I've had epilepsy all this time and my cognitive function has got gradually worse since gamma knife and all the years of intractable epilepsy. If I didn't live with my husband I would need to live in sheltered accommodation to keep me safe. I have gone through the decision point by point and told them I am not safe on my own a danger to myself and others. I finished work due to my cognitive function with a small pension which will be removed if I return to work at all so if I fail on this we will just have to manage. My husband is partially retired so we don't qualify for Essair. Thanks for the help on your pages. I have a son with autism due a pip form soon. His ESA review is very delayed. Heis in support group.
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6 years 9 months ago #191484 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA result good news and bad
annem
A couple more points for you to consider;
Although you talk about cognitive problems, these seem to be the result of physical conditions, if you are hoping to score for questions 11-17 on the ESA50 then the underlying problems must be mental health ones.
ESA considers the risk of harm to the claimant, but to be placed in the SG the risk must be related to what ESA calls Work Related activity, the ESA Claim guide has details of this and examples of the WRA that you might be asked to do.
Gordon
A couple more points for you to consider;
Although you talk about cognitive problems, these seem to be the result of physical conditions, if you are hoping to score for questions 11-17 on the ESA50 then the underlying problems must be mental health ones.
ESA considers the risk of harm to the claimant, but to be placed in the SG the risk must be related to what ESA calls Work Related activity, the ESA Claim guide has details of this and examples of the WRA that you might be asked to do.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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