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ESA mandatory reconsiderations/Appeals

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6 years 7 months ago #195674 by KEITH TAIT
ESA mandatory reconsiderations/Appeals was created by KEITH TAIT
I am about to send my ESA mandatory reconsideration appeal in(1 month deadline, including GP letter arguing for extra points on descriptors 14 Coping with Changes and 15 Going Out-I only got 6 points for desc 14 in WCA but believe as I ticked it varies in relation to `minor unplanned change` and was not questioned further at WCA I should have got 9.Also in relation to desc 15 they said in ReportESA85medical Report that I could go somewhere I did not know on my own if I was put in a taxi` which I agreed to verbally under `duress`.
Can I appeal this saying I should have had 6 points as I am claiming that I am unable to get to an unfamiliar place without being accompanied by another person?
I explained in the WCA that recently before the WCA a week before I had had to attend a check up in a nearby city but had only been able to go because a freind accompanied me-but then the Hrslth professional`s assistant suddenly asked me:¬but if you had to go to say sheffield you could go on your own?`I felt under duress being asked this question and I was at the WCA on my own.I had already said that I cannot meet socially people who I do not know, so felt because of my depression that I was under duress and being pressurised into saying that I could go to sheffield or wherever on my own if I had to.Although in the decision makers letter it states that I would be unable to go anywhere I did not know on my own because I would get lost, I was awarded no points because it states in the ESA85 Medical Report form that `however, he said that if he had to,he would be able to go alone in a taxi despite his anxiety and depression`So looking at the decision letter, I should have had 6 points , but because of the conversation recorded in the ESA85 medical report I did not get the award.
Is it possible to argue in an appeal that a claimant was placed under duress and therefore felt he was being bullied for a particular response via a leading question put to him/her through the HCP`s assistant?
In relation to the descriptor 14 I put in the original ESA app form that `it varies` in relation to Minor planned change(I was given 6 points for minor unplanned change).So is it possible to argue that I should have been awarded 9 points for the descriptor 14;given that the majority of the time due to depression and the effects of prescription and non prescription drugs I am unable to cope with minor planned change(such as a change to a routine time scheduled for a lunch break)?

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6 years 7 months ago #195691 by Gordon
Replied by Gordon on topic ESA mandatory reconsiderations/Appeals
K

I think you will struggle to score higher for question 14 by arguing that you ticked it varies, this usually leads to lower scores. Did you explain how your conditions vary in the ESA50? You need to explain why you cannot cope with minor planned changes, how often you are effected and to what extent you are effected. You need for the majority of the time for your day to day life to be made significantly more difficult.

As to Descriptor 15. Did you attend the assessment with someone? If you didn't then you will have significantly undermined any argument that you might make in regard to this activity.

I think that your arguing that you were put under pressure by the assessor is not a strong argument, certainly DM's will take the view that this is not reasonable to assume this happened, a Tribunal may take a different view. That is not to say that you should not make the argument but don't expect too much from it.

An alternate argument you might make if it is consistent with your conditions is that it is not the journey in the taxi that is the issue but arriving at a destination that you could not cope with, you would need to show that you would find the taxi a safe place and this would be consistent with the information you had already supplied in and with your form.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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