- Posts: 1
× Members
Phone call from DWP
- Suzanne
- Topic Author
- Offline
Less More
6 years 9 months ago #192998 by Suzanne
Phone call from DWP was created by Suzanne
Hi,
I have jsut received a phone call from dwp advising that following my ESA medical assessment, I was awarded zero points. I wasn't able to take in much of the reasoning, firstly because the phone call woke me up and secondly the shock.
I have Ehlers Danlos Syndrome HMSIII and this news has just sent my pain levels sky high.
I have been advised to apply for Universal credit as my ESA has been stopped completely, whilst I appeal.
So this is why I am here and any advice would be greatly appreciated.
You know if I could work, i would but the EDS makes it nigh on impossible. Who wants to employ someone who may not be able to get out of bed to get to work??
I have jsut received a phone call from dwp advising that following my ESA medical assessment, I was awarded zero points. I wasn't able to take in much of the reasoning, firstly because the phone call woke me up and secondly the shock.
I have Ehlers Danlos Syndrome HMSIII and this news has just sent my pain levels sky high.
I have been advised to apply for Universal credit as my ESA has been stopped completely, whilst I appeal.
So this is why I am here and any advice would be greatly appreciated.
You know if I could work, i would but the EDS makes it nigh on impossible. Who wants to employ someone who may not be able to get out of bed to get to work??
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51070
6 years 9 months ago #193043 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Phone call from DWP
Suzanne
Was this a new claim for ESA or a reassessment?
I'm afraid if you require the income then Universal Credit is the only benefit available to you.
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 PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report 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
Was this a new claim for ESA or a reassessment?
I'm afraid if you require the income then Universal Credit is the only benefit available to you.
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 PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report 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
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris