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Esa Mediacal Report failed assessment
- Gundamgirl
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3 years 3 months ago #266270 by Gundamgirl
Esa Mediacal Report failed assessment was created by Gundamgirl
Hi,
Failed my medical for the first time in over 5 years, the dwp assessor said they tried to contact me to ask more questions but couldnt get me so theyve used the medical report from the HCP. Ive looked at the tribrunal pages. but would like some opinions, should i put down that that the report is wrong, that they havent once mentioned me having nerve damage, the HCP kept saying multiskeletal. that theyve left off important details. like it states goes for walk along walk way, when it was said goes for walk to area that has benches to sit and rest. It says i use a watering can to water flowers, when i said i have a small childs watering can which my neighbours children love to help me water. I live alone, we have recycling caddies here so only household rubbish go into the main bin, our main bin goes out every 3 weeks my rubbish can sit inside the kitchen bin this long, but it states i daily put out trash daily wash dishes. should i be contesting this the now
or just asking for a tribrunial and then putting it forward.
thank you all
Failed my medical for the first time in over 5 years, the dwp assessor said they tried to contact me to ask more questions but couldnt get me so theyve used the medical report from the HCP. Ive looked at the tribrunal pages. but would like some opinions, should i put down that that the report is wrong, that they havent once mentioned me having nerve damage, the HCP kept saying multiskeletal. that theyve left off important details. like it states goes for walk along walk way, when it was said goes for walk to area that has benches to sit and rest. It says i use a watering can to water flowers, when i said i have a small childs watering can which my neighbours children love to help me water. I live alone, we have recycling caddies here so only household rubbish go into the main bin, our main bin goes out every 3 weeks my rubbish can sit inside the kitchen bin this long, but it states i daily put out trash daily wash dishes. should i be contesting this the now
or just asking for a tribrunial and then putting it forward.
thank you all
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- Gary
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3 years 3 months ago #266285 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Esa Mediacal Report failed assessment
Hi Gundamgirl
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
Applying for a MR is usually quicker than appealing, if you fail at the MR stage you can still go on to Appeal..
From your post, my understanding is that you have a copy of the assessors report (ESA 85)
I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for a MR and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.
Understand that the assessor is offering an opinion when they say 'in my opinion' you can do the ESA activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said, remember they are just an opinion which is not based on fact.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
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;
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the ESA Descriptors.
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,
www.benefitsandwork.co.uk/help-for-claimants/esa1
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.
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
Applying for a MR is usually quicker than appealing, if you fail at the MR stage you can still go on to Appeal..
From your post, my understanding is that you have a copy of the assessors report (ESA 85)
I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for a MR and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.
Understand that the assessor is offering an opinion when they say 'in my opinion' you can do the ESA activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said, remember they are just an opinion which is not based on fact.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
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;
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the ESA Descriptors.
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,
www.benefitsandwork.co.uk/help-for-claimants/esa1
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.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gundamgirl
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3 years 3 months ago #266295 by Gundamgirl
Replied by Gundamgirl on topic Esa Mediacal Report failed assessment
I don't get a MR I've been told to go straight to tribrunal by job centre as I don't need the MR form. I even asked for one but they told me just to go to tribunal. The HCP left lots off my medical assessment report and I feel like they did it on purpose, my mum lives 3 houses down from me and I told the HCP this but now it just states walks to mums. It states I go to my doctors around the corner from Methley, even though I td them its been closed since middle 2020 due to pandemic. They also changed my medical history around saying rheumatology had firstly diagnosed me with a mutliskeltal condition arthralgia, instead of neurologist diagnosis of small fibre neuropathy and rheumatology thinking its coming from nerve pain. The HCP keep saying mutliskeltal at the assessment even though I explained nerve damage.
Mine was a face to face appointment in October, I'm in Scotland.
I'll say right now, ask for it to be recorded, take someone with you. As my HCP kept making comments and those comments appear on my medical assessment report as said by me.
Mine was a face to face appointment in October, I'm in Scotland.
I'll say right now, ask for it to be recorded, take someone with you. As my HCP kept making comments and those comments appear on my medical assessment report as said by me.
The following user(s) said Thank You: denby
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- Gary
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3 years 3 months ago #266317 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Esa Mediacal Report failed assessment
Hi Gundamgirl
You must do what you think is right, I personally would apply for a MR first using the form CMRM1 www.gov.uk/government/publications/chall...ork-and-pensions-dwp as it can be a lot quicker than putting in an appeal, at the end of the day you may end up appealing.
Gary
You must do what you think is right, I personally would apply for a MR first using the form CMRM1 www.gov.uk/government/publications/chall...ork-and-pensions-dwp as it can be a lot quicker than putting in an appeal, at the end of the day you may end up appealing.
Gary
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