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esa nightmare!

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6 years 2 weeks ago #208278 by Vixie
esa nightmare! was created by Vixie
Hi everyone, im really just at breaking point.

I had the esa reassessment form last year in May to fill in, i havent heard back from them yet. My partner had is reassesment forms in decsmber and was called for his face to face meeting 6 weeks ago. Had the dreaded letter this morning saying he has zero points.
We both have mental health problems and were both in the support group.
I have no idea what to do? He will phone them monday to ask for the mandatory reconsideration, which we all know will fail. Then we have to appeal.
We need help with all this, i dont know where to turn for help? Im not well at the moment and this is just one thing too many for me to cope with. I dont know what to do?
The mental health system is terrible, you dont have the support you used to, hes only under the gp now, who he never sees. So noone has any up to date information on him and his ptoblems. Who do you ask? His previous consultant? Im sure they wont help. He has schitzo affective disorder, his functioning is poor, his form we filled in explained his situation really well, his interview did not. What he thinks he does and what he actually does are two very very different things, i couldnt go to his intrview with him as i wasnt well enough.
Im rambling, im sorry, i just dont know what to do

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6 years 2 weeks ago #208324 by Gordon
Replied by Gordon on topic esa nightmare!
Vixie

Start by speaking to his GP, they will be able to help you understand what evidence you may be able to source fro his claim. You also have the option of using older reports and letters providing you can show their relevance to his conditions as they are now.

Do you know how he qualified for the SG last time, there have been changes to the DWP guidance over the last year or two, especially for the Substantial Risk criteria?

The first stage to challenging a Decision is for him 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 his 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 (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 he 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 he walked 50m, he did but they have failed to document that he 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 his 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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6 years 2 weeks ago #208406 by Vixie
Replied by Vixie on topic esa nightmare!
My partner rang the dwp first thing yesterday morning and they quizzed him then and there over the phone about what exactly he disagreed with. He also requested the assesment report. They pretty much said no to him requesting the MR, and said to get back in touch and request it when he had recieved the assesment report. I told him to write to them requesting the MR and the report, he is a bit unsure as we are seeing someone next thursday who is going to help him go through the report and help argue his case. He thinks if we send the letter in they will start the MR and he wont have a chance to go through everything with the benefits person next week and get together the facts we need.
I think we need to get this letter in for both as soon as possible as they may not even bother sending the report out after the telepohkne converstaion which got him nowere, hes just worried if we request an mr in a letter he wont get to fight his corner. Unsure what to do

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6 years 2 weeks ago #208414 by Gordon
Replied by Gordon on topic esa nightmare!
Vixie

You have a month to send the request so if you have an appointment with an advisor then I would wait until you have seen them to send it.

Gordon

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

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6 years 3 days ago #209144 by Vixie
Replied by Vixie on topic esa nightmare!
Ok so we have the report from the medical.
They have obviously failed to give him any points for any of the mental health related activities,
The opening statement is pretty much all that is in the report, they just repeat it for every activity.
A lot of the information is incorrect, little things like saying he has a mobile phone which he uses for texts and phone calls. Yes he Owns a mobile phone but as he explained to the hcp he does not use it, it is never charged and never with him.

A lot has been said about how he does daily household stuff, house work etc. Which is not true at all. Although in his mind he does think he helps, but in reality he doesn't at all. So that's a tricky one, but he said he didn't tell the hcp he helps daily at all.

Deals with own mail and emails, not true, didn't say that.
Can go anywhere by himself, not true. Doesn't go hardly anywhere by himself, if he does it's not an easy thing for him to do, causes serious anxiety, and 9 times out of ten he doesn't end up going.

Can go to the doctors by himself, can see any old gp - not by choice, you can't get an appointment with your own gp! And I can assure them that even if he does make an appointment, he always misses them because he forgets.

The one that I find really difficult is them saying he plays with his child daily, sadly this is not true, not daily, may play for five minutes here and there but that's it. Wanders off, gets distracted.
And states that he regularly cares for his child and is left unattended with him.
Wow, that is so offensive. He may have serious mental health problems but he is not a threat to our son! Anyway emotions aside, he does not regularly care for him! I do 95% of all the child care, I do everything at home, if he does ever have our son on his own it is if I've popped to the shop quickly, makes me sick having to try and explain this.

basically he can and does do everything, so we have to fight every single point.
Benefit woman we saw on Thursday was ok, but wasn't a great deal of help, just told us to write about each point.

All very easy unless you yourself are drowning under the stress of all this too.

So we have to fight every point, what's the best way to word that they are incorrect?

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6 years 2 days ago #209196 by Gordon
Replied by Gordon on topic esa nightmare!
Vixie

You may need to deal with the issues raised in the report by the assessor but do not lose track of the fact that he will only score points by showing that he meets the ESA criteria and the assessors comments do not directly relate to these.

Gordon

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

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