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6 years 5 months ago #198784 by longjohn
esa was created by longjohn
have gone from support group to no points had same assessor same medical conditions in 3 years now she has awarded me nothing I am very confused but will appeal report full of fiction no facts

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6 years 5 months ago - 6 years 5 months ago #198812 by Gordon
Replied by Gordon on topic esa

john wrote: have gone from support group to no points had same assessor same medical conditions in 3 years now she has awarded me nothing I am very confused but will appeal report full of fiction no facts


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 (ESA95 ESA85), 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
Last edit: 6 years 5 months ago by Gordon.

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6 years 5 months ago #198829 by Derek4
Replied by Derek4 on topic esa
Hi John,

(Gordon meant to say ESA85 not 95).

It's unlikely the assessor would have remembered you after three years. If it's any encouragement to you, I was found fit for work last year but placed back into the support group by the tribunal. It is generally quite difficult for the DWP to justify finding SG members fit for work unless there has been an obvious change in condition, so if there has been no significant change in your condition, it is important to make this clear on appeal.

Good luck,

Derek

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6 years 5 months ago #198840 by longjohn
Replied by longjohn on topic esa
thank you do I ask for a fit note and doctors letter etc yet or wait for the report dwp advisor said to get letter of support from gp and send it in with request for man reconsideration

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6 years 5 months ago #198884 by Gordon
Replied by Gordon on topic esa
John

I would certainly see your GP now, to be of any value any letter or report that they produce must address the ESA criteria and that for the SG if you are trying to get back into this group.

Do you know how you qualified last time?

You can ask for a Fit Note but you will not be able to use it as this time unless you claim JSA, in which case wait for the claim to be accepted and in payment and you can present the Note and you should be excused from your Claimant commitment for up to 13 weeks.

If you do not claim JSA then hang on to the Note as you can present it if you go on to appeal.

Gordon

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

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6 years 5 months ago #198935 by longjohn
Replied by longjohn on topic esa
thanks I qualified getting about under 50 meters doctor gave me a fit note have sent it in with the mandatory reconsideration have been advised not to claim yet as my area has just gone into universal credit don't know if was right thing to do but its done now

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