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ESA Assessment - you couldn't make this up!

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5 years 8 months ago #215044 by TheMerlin486
Replied by TheMerlin486 on topic ESA Assessment - you couldn't make this up!

Gordon wrote:

TheMerlin486 wrote: The Assessor in question is listed in the ESA85 as a Registered Nurse.


You can complain to their governing body

www.nmc.org.uk/

Gordon


Duly lodged!

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5 years 8 months ago #215047 by Gordon
Replied by Gordon on topic ESA Assessment - you couldn't make this up!

TheMerlin486 wrote: Lodging an appeal now.... would that simply be as easy as speaking to DWP on the telephone or should I contact the Maximus Claire Bushby (Senior Customer Relations Manager) who drafted the reply?


An appeal is made to the Tribunal Service.

The 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
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5 years 8 months ago #215313 by TheMerlin486
Replied by TheMerlin486 on topic ESA Assessment - you couldn't make this up!
The Nursing & Midwifery Council have accepted my complaint and all documentation has been formally lodged with them today. The ESA Appeal has also been lodged so will be interesting to see what develops. Thanks isn't enough for the quality advice and support received. x
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5 years 8 months ago #215316 by TheMerlin486
Replied by TheMerlin486 on topic ESA Assessment - you couldn't make this up!
I have today spoken to DWP and they have agreed to null and void the Assessment and consequently back-pay the allowance deficit upon receipt of the Maximus report.
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5 years 7 months ago #216878 by TheMerlin486
Replied by TheMerlin486 on topic ESA Assessment - you couldn't make this up!
Finally received confirmation that DWP will not be contesting the appeal and decision has been altered in my favour.

What happens now? Nothing in their letter explaining their procedures to adjust payments they have cut. Its a simple 1 paragraph confirmation.

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5 years 7 months ago #216887 by Gordon
Replied by Gordon on topic ESA Assessment - you couldn't make this up!
Merlin

How was the information made available? Was it a Decision Letter or one that might be described as "for your information"?


Id the latter then I would expect a Decision Letter to be sent, this could take another couple of weeks.

In either case, you should receive a "payment" letter outlining any back payment and what your payments will be going forward. As this is ESA, you may receive several of these!

Gordon

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