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ESA Mandatory Reconsideration
- Karen1102
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6 years 8 months ago #194807 by Karen1102
ESA Mandatory Reconsideration was created by Karen1102
I have been on ESA Support Group for the last year, I recently attended a medical assessment and have been moved to to WRAG even though my symptoms etc have worsened. I am going to apply for a Mandatory Recondsideration and was told by the CAB to obtain a statement of their decision showing the points I have scored. I called the ESA and they say I am only entitled to the medical report and do not need to know what points I scored. How am I to apply for a reconsideration if I do not know what I failed on.
I have numerous symptoms the main being Gastroparesis which is a chronic condition and cannot be cure just managed, I vomit all day, unable to eat without it causing pain, pain under my ribs and go between constiaption and diarrhoea. I am currently under the hospital for investigation into my bowel. Also I have arthritis in my left thumb and wrist , plus dupuytrens in my left hand, which makes it difficult to use, I am currently waiting for an operation on my right shoulder as I now have bone rubbing against bone and muscle wasting, it is also very difficult to use that arm. In January I had an MRI as I have a lump in my foot which is a plantar fibroma. it is very difficult to walk on as I have contant pain and cramps and my big toe is pulling in towards the sole of my foot. It is diificult to walk as I have constant pain in my foot. I also suffer with low mood and depression. I am not sure how I go about an appeal as I am 57 and never had to claim before now. The nurse I saw for my assessment did not know what Gastroparesis was and disappeared from the room for 10 mins. I would like advice of what I need to write in my reconsideration as none of it relates to Gastroparesis which is very debilitating. Can anyone please give me advise. thank you
I have numerous symptoms the main being Gastroparesis which is a chronic condition and cannot be cure just managed, I vomit all day, unable to eat without it causing pain, pain under my ribs and go between constiaption and diarrhoea. I am currently under the hospital for investigation into my bowel. Also I have arthritis in my left thumb and wrist , plus dupuytrens in my left hand, which makes it difficult to use, I am currently waiting for an operation on my right shoulder as I now have bone rubbing against bone and muscle wasting, it is also very difficult to use that arm. In January I had an MRI as I have a lump in my foot which is a plantar fibroma. it is very difficult to walk on as I have contant pain and cramps and my big toe is pulling in towards the sole of my foot. It is diificult to walk as I have constant pain in my foot. I also suffer with low mood and depression. I am not sure how I go about an appeal as I am 57 and never had to claim before now. The nurse I saw for my assessment did not know what Gastroparesis was and disappeared from the room for 10 mins. I would like advice of what I need to write in my reconsideration as none of it relates to Gastroparesis which is very debilitating. Can anyone please give me advise. thank you
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- Gordon
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6 years 8 months ago #194830 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Mandatory Reconsideration
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?
The assessment report should allow you to work out what Descriptors you met, it doesn't really matter what points you scored as the SG is not points based, you will need to show that you meet one or more of the SG Descriptors to overturn the Decision.
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
Your primary task is to show that you meet the criteria for the SG, 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?
The assessment report should allow you to work out what Descriptors you met, it doesn't really matter what points you scored as the SG is not points based, you will need to show that you meet one or more of the SG Descriptors to overturn the Decision.
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
Your primary task is to show that you meet the criteria for the SG, 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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