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Esa help

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6 years 2 months ago #204636 by Pennrouse
Esa help was created by Pennrouse
Hi I have just been told am not entitled to esa from change over from ib benifit that I have been getting for a long time. I am On top mobility payment on pip and esa assessment has scored me 0 the report differs in places from actual day. They said I'm not on medication for depression it's clearly written on my form and I took them with me...I where wrist splits this was also not on report neither where my resting splints I wear night time. She said I sat for 5 mins and stood for ten and got up with out help ..untrue my husband helped and I had crutches I stood and rocked from side to side due to pain. She said I showed no signs of been I pain. Please help...

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6 years 2 months ago #204671 by Gordon
Replied by Gordon on topic Esa help
Rachel

The criteria for PIP and ESA is sufficiently different that this is not an impossible scenario.

I would start by going back through the ESA Claim guides, for example the requirement for the Standing and Sitting activity is that the claimant must move away from the "workstation" to stop the clock, if you stayed in place when you stood then you may not have satisfied this requirement.

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 PIP 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 (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

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