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Mandatory Appeal Original decision upheld

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5 years 11 months ago #211356 by terrylg
I have just received a Mandatory Reconsideration Notice and they have not changed their decision. I have been moved into the WRAG from Support. It states that the score required for ESA is 15 and I scored 15. I wa awarded 9 points for moving around and 6 for going out. I have a condition in my spine called DISH (Diffuse Idiopathic Skeletal Hyperostosis) they have accepted this. I also suffer from IBS and told them that I suffer from not reaching the toilet in time at least once or twice a week. I have medical evidence that I have IBS but they don't believe that I lose control of my bowels. What am I supposed to do take along messed underwear?
Also I suffer from severe hearing loss from birth and as well as wearing a hearing aid I lip read, but this was not taken into consideration either. Do you think I have grounds of appeal or would it be a waste of time?

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5 years 11 months ago #211385 by Gordon
Replied by Gordon on topic Mandatory Appeal Original decision upheld
Terry

Entry to the Support Group is dependant on your meeting one of more of the SG Descriptors, can yo show that you do?

Have you requested a copy of the assessment report? This will help you understand how they came to their Decision better.

Our ESA Claim guides explain the SG criteria.

www.benefitsandwork.co.uk/help-for-claimants/esa1

Ours ESA 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 ESA50, the assessment report and the ESA Claim guides to see how you might show this is the case.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: terrylg, TheMerlin486

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5 years 10 months ago #213678 by terrylg
Replied by terrylg on topic Mandatory Appeal Original decision upheld
To end this, I read through the notes on appeal sent the appeal off. Low and behold the DWP have reversed their decision and put me back in the support group.

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5 years 10 months ago #213720 by Gordon
Replied by Gordon on topic Mandatory Appeal Original decision upheld

terrylg wrote: To end this, I read through the notes on appeal sent the appeal off. Low and behold the DWP have reversed their decision and put me back in the support group.


Congratulations, well done.

Gordon

tags: @RESULT @PIP @APPEAL

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: terrylg

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