ESA85

I have received a copy of ESA85, for the medical that I was assessed at receiving nil points.

There a many anomolies in the report, and I am considering whether it would be advantagous to write to the DWP highlighting these areas, in the vain hope that the descision could be changed before the appeal.

Has anyone done this?

Hi, Lyn,

I haven't experience of this, but maybe this link Complaining To the DWP will help:

www.benefitsandwork.co.uk/forum?func=vie...mit=6&start=18#72595

Thanks is not really a complaint, it's more that my answers have been taken out of context, and some of which I never answered.

If you are considering this course of action, you would be requesting a reconsideration of the adverse ESA decision.

It is likely that in order for a decision maker to change the decision at the reconsideration stage in your favour, you would have to seek compelling medical evidence which counteracts the opinion of the disability analyst who carried out the WCA. This would also help if an appeal had to be lodged, although direct evidence that is adduced from the appellant does not have to be corroborated, and an appeal tribunal may very we be persuaded in the light of any (non-medical) oral evidence that the ESA disallowance decision should be reversed and allow the appeal.

In any event, at the present time if you decide to appeal, the decision would automatically be reconsidered and if it couldn't be changed, the ESA decision maker would forward the file to the Tribunals Service to arrange a hearing.

I have submitted Gl24 to appeal, I just wondered if I compiled a letter about the contents of the ESA85 it might sway the descion maker during the automatic reconsideration phase.

It would certainly do no harm sending a letter to the ESA decision maker pointing out the discrepancies on the ESA85, but it would be impossible to say whether this would have any bearing on the existing disallowance decision?