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ONLY ONE PHONE CALL AND FROM DWP AFTER ESA MEDICAL
- KEITH TAIT
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6 years 8 months ago - 6 years 8 months ago #194776 by KEITH TAIT
ONLY ONE PHONE CALL AND FROM DWP AFTER ESA MEDICAL was created by KEITH TAIT
After my esa medical on 11th july 2017, i received a phone call on the 26th july from the esa assessors, but they only rang once and i did not even know they had rang because it was a `private number` and there was no sms text reminder asking me to call back.
Furthermore they only tried to call once, and as i had 6 points it could have been crucial for me to speak to them as i have further matters to include for their consideration.
After reading the letter, i realised they had ignored my doctors 6 month sick note and therefore i decided to appeal-except now because i missed the phone call i have to sign on for several weeks/months whilst i get the mandatory reconsideration-
Moreover in the esa wca decision letter, it states that the decision maker tried to call me several times and sent an sms reminder so i would know who rang
But they never rang more than once and i did not get a text, unless you are going to blame ee, so why not text twice, so now i have to claim jsa and complications with housing benefit/council tax benfit opens a whole can of worms, plus i am just not well enough to spend 35 hours a week job hunting and be on call to immediately attend job interviews, they wll be bringing in sanctions for having your phone switched off next, becuase they get so frustrated (take that anyway you like) and when the jsa recipient does not answer they get so upset.
Its a pity they are not more vigilant at phoning people after the esa assessment
Furthermore they only tried to call once, and as i had 6 points it could have been crucial for me to speak to them as i have further matters to include for their consideration.
After reading the letter, i realised they had ignored my doctors 6 month sick note and therefore i decided to appeal-except now because i missed the phone call i have to sign on for several weeks/months whilst i get the mandatory reconsideration-
Moreover in the esa wca decision letter, it states that the decision maker tried to call me several times and sent an sms reminder so i would know who rang
But they never rang more than once and i did not get a text, unless you are going to blame ee, so why not text twice, so now i have to claim jsa and complications with housing benefit/council tax benfit opens a whole can of worms, plus i am just not well enough to spend 35 hours a week job hunting and be on call to immediately attend job interviews, they wll be bringing in sanctions for having your phone switched off next, becuase they get so frustrated (take that anyway you like) and when the jsa recipient does not answer they get so upset.
Its a pity they are not more vigilant at phoning people after the esa assessment
Last edit: 6 years 8 months ago by Gordon.
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6 years 8 months ago #194783 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ONLY ONE PHONE CALL AND FROM DWP AFTER ESA MEDICAL
K
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
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
Please don't post in capitals, it's very difficult to read and causes problems for anybody using a screen reader.
Dealing with the JSA first, once your claim is accepted and in payment you can present a Fit Note and be excused from any Claimant Commitment for up to 13 weeks, if you are in a Universal Credit area the rules are different and you will need to speak to a JC+ advisor about your options.
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
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
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
Please don't post in capitals, it's very difficult to read and causes problems for anybody using a screen reader.
Dealing with the JSA first, once your claim is accepted and in payment you can present a Fit Note and be excused from any Claimant Commitment for up to 13 weeks, if you are in a Universal Credit area the rules are different and you will need to speak to a JC+ advisor about your options.
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
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- KEITH TAIT
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6 years 8 months ago #195114 by KEITH TAIT
Replied by KEITH TAIT on topic ONLY ONE PHONE CALL AND FROM DWP AFTER ESA MEDICAL
Thanks gordon, re the Extended Period of Sickness;I have received the Medical Report Form through the post and am examining it
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