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esa/esa50form

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6 years 3 months ago #204611 by andypandy
esa/esa50form was created by andypandy
had an assessment November 3 was in support group. Found fit for work, in the letter the decsion maker states that he has made his decision based on the HCP report evidence from my doctor and refers to my ESA50 questionnaire throughout Then goes on to say ESA50 sent but not returned.IN M reconsideration letter says the HCP does not need to see the ESA50 questionnaire and can do an assessment with out one.in decision letter states that he tried to telephone several times with out any response In the letter from the first decision maker is full of mistakes and lies decision maker has not even given his name so how do I know if the decision maker who did the mandatory reconsideration was not the same one the question is can a decision maker come to a fair and correct decision with out the ESA questionnaire.

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6 years 3 months ago #204641 by Gordon
Replied by Gordon on topic esa/esa50form
andypandy

There's no legal requirement for an ESA50 to be issued so a Decision without one is possible, but you can certainly argue that it is of limited value without your input to the process.

Did you receive an ESA50 and return it?

Gordon

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6 years 2 months ago #205413 by andypandy
Replied by andypandy on topic esa/esa50form
yes I did return the ESA50 questionnaire .in the first decision letter it clearly states, that I have come to make my decision on evidence provided by you in the ESA questionnaire .Don't they stop ESA for not returning the questionnaire.also says tried to phone several times with out successes if they did not have my ESA50, where did they get my number from this is the only I form have written my contact number down on because it is a new telephone line and number. The whole letter is seems to have been written by someone who does not know what they are doing

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6 years 2 months ago #205429 by Gordon
Replied by Gordon on topic esa/esa50form
Andy

The DWP do have discretion to continue with the process if the claimant has known mental health problems.


If you are going to do an MR then you can certainly refer to the issues of whether the ESA50 was used or not, as I said, if it wasn't and you can show this then it does undermine the Decision, just remember, awards are made because the claimant has shown that you have met the criteria for one.

Gordon

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6 years 2 months ago #205498 by andypandy
Replied by andypandy on topic esa/esa50form
Hi Gordon already done a MR the decision maker apologised for the confusion over the fact that the ESA50 questionnaire is referred to several times in the original decision makers letter even at end it clearly states / I have considered the HCP,s report and the ESA50 LCW questionnaire and have decided as a result you are no longer assessed as having LCW/,.The MR decision maker then goes on to say that he could not find any thing on file to do with my ESA questionnaire so can assume that the original decision maker did not have access to it when finding me fit for work but can still make a decision with out one. In the MR letter it does not give an explanation why the first decision maker refers to having my ESA questionnaire when in fact he did not have access to it Something's not wright trying to frighten me with quoting laws regulations acts ect decided to go to tribunal.

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6 years 2 months ago #205515 by Gordon
Replied by Gordon on topic esa/esa50form
Andy

The PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.

Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.

If you have further questions then please reply to this post 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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