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ESA Tribunal next week.

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6 years 8 months ago #193059 by magicgem
ESA Tribunal next week. was created by magicgem
Hi, hope you can help.
My daughter gets ESA, and has been placed in WRAG group on 30 points.
We feel that she should be in the support group.
Any pointers on how we can get a successful appeal?
She has Speech and language disability, dyspraxia, mental health, costocondritis, and possibly fibromyalgia or an inflammatory arthritis, as well as a slight learning disability/difficulty.
I did use your guide on completing the ESA50, have done an MR (which they said was received on 26/1/17, when the MR was dated 26/11/16. Original decision was made on 1/11/16.
Any tips on how we should dress, etc.
I have sent in an updated self supported social care assessment, prescription list, letters from consultant, work activity plan from her job coach - who feels that Claire should be in the support group, as she needs a lot of support etc.
I first applied for ESA in 2012, when she was then assessed as being in WRAG until 2015, then assessed again, put into support group, and last October p, was assessed as being fit for WRAG.
She has scored points for initiating action, going out, assessing danger, coping with social situations, coping with change, all 6 points.

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6 years 8 months ago #193071 by Gordon
Replied by Gordon on topic ESA Tribunal next week.
magicgem

All but the Going Out activity have Descriptors that will qualify your daughter for the Support Group, your problem is that whilst it is accepted that she has problems with all of these areas, none of those problems are severe enough to warrant an SG award.

You need to go back through her ESA50 and the ESA Claims due to Mental Health guide to see whether she meets any of the G Descriptors for these activities.

If you think that she does then 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 if you have not already done so, it's an ESA85 if she had a face to face and an ESA85A if she did not, 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

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