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ESA missed decision phone
- frances
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5 years 7 months ago #218336 by frances
ESA missed decision phone was created by frances
After a fiasco at the ESA assessment, I missed a call from the DWP today does this mean that I 've been found fit for work even though I've been in Support Group for 2 years, I have fibromyalgia osteoarthritis in both hands and 1 knee I also suffer from poor sleep and depression related to fibro and I have been diagnosed with BPD. What is my next course of action if I don't agree with the decision maker. Help
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- Gordon
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5 years 7 months ago #218338 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA missed decision phone
Frances
It's a possibility.
They should try to contact you three times so you may still get to speak to them.
If you have been found Fit for Work then you can request a Mandatory Reconsideration of the Decision but you cannot do this until you know what the Decision is.
Gordon
It's a possibility.
They should try to contact you three times so you may still get to speak to them.
If you have been found Fit for Work then you can request a Mandatory Reconsideration of the Decision but you cannot do this until you know what the Decision is.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 7 months ago #218348 by phrank
Replied by phrank on topic ESA missed decision phone
It's a few years back now, but I've had phone calls after ESA assessments just to confirm which group I'm in.
Don't know if this is of any help.
Don't know if this is of any help.
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- frances
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5 years 7 months ago #218383 by frances
Replied by frances on topic ESA missed decision phone
Hi Gordon,
I was told over the phone to claim UC as I scored no points for any condition and that any benefit would stop immediately. After speaking with my daughter, she said that I shouldn't claim UC as that would make me fit for work. Is there files on here that I should look at. I have terrible brain fog and type on handed as pain in the left and right hands are horrid, so filling in forms is difficult at the best of times (other people do this for me). cheers frances
I was told over the phone to claim UC as I scored no points for any condition and that any benefit would stop immediately. After speaking with my daughter, she said that I shouldn't claim UC as that would make me fit for work. Is there files on here that I should look at. I have terrible brain fog and type on handed as pain in the left and right hands are horrid, so filling in forms is difficult at the best of times (other people do this for me). cheers frances
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5 years 7 months ago #218398 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA missed decision phone
Frances
Sorry to hear this.
If you claim UC then you cannot return to an ESA claim even if you are successful in challenging the Decision, also, as your daughter has said, you will be treated as Fit for Work although you can present a new Fit Note and be reassessed from scratch, however, this will limit any result from challenging the ESA Decision. Lastly, it is normally at least five weeks before your UC would go into payment.
If you don't claim UC and your MR is unsuccessful and you go onto appeal then you can receive the ESA Assessment rate while you wait for a hearing.
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 (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
Sorry to hear this.
If you claim UC then you cannot return to an ESA claim even if you are successful in challenging the Decision, also, as your daughter has said, you will be treated as Fit for Work although you can present a new Fit Note and be reassessed from scratch, however, this will limit any result from challenging the ESA Decision. Lastly, it is normally at least five weeks before your UC would go into payment.
If you don't claim UC and your MR is unsuccessful and you go onto appeal then you can receive the ESA Assessment rate while you wait for a hearing.
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 (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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