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Esa support group into work related activity group
- Jane
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5 years 11 months ago #212516 by Jane
Esa support group into work related activity group was created by Jane
Hi I'm so upset. I received a letter today saying I had to attend a work focused interview . I have been in the Esa support group for around 3 years. My health is worse now then it has ever been. I am on much more medication and along with severe mental health issues . I am trying to recover from a brain haemorrhage 2 years ago. I had a health assessment a month ago and since then this is the new group they want to put me in. I am also waiting to be screened for ADHD which the psychiatrist says I have coupled with some other things which I won't have in writing until my assessment in July with him . But in the mean time I am expected to attend one of these meetings. I am under the hospital and do have am Occupational therapist who also wrote a letter on my behalf explaining it would be impossible for me to learn anything new due to my brain issues. My aniexty us through the roof. Not only am I struggling with my own mental health but I'm waiting for my teenage child to be assessed for ODD and ADHD. They clearly have not taken any of this into account. To top all this the appointment is in school holidays. They haven't considered anything I told them in the assessment or any of the information provided by my GP and OT. What can I do? The appointment is in 11 days. I am so distraught. Please help.
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- Gordon
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5 years 11 months ago #212551 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Esa support group into work related activity group
Jane
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
Contact the JC+ advisor, they may be willing to defer the appointment or carry it out over the phone.
Do you know how you qualified for the Support Group before?
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, an ESA85 if you had a face to face assessment and an ESA85A if you did not, 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
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
Contact the JC+ advisor, they may be willing to defer the appointment or carry it out over the phone.
Do you know how you qualified for the Support Group before?
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, an ESA85 if you had a face to face assessment and an ESA85A if you did not, 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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