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mandatory reassessment

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8 years 2 months ago - 8 years 2 months ago #153867 by Gordon
Replied by Gordon on topic mandatory reassessment
Wendy

Your son will only receive ESA if you can show that he meets the criteria for an award, I'm afraid that "legal or procedural mistakes" count for nothing unless he is shown to score points.

It's really important that you go back to basics and work your way back through his ESA50, the ESA Claim guides and the assessment report to re-explain why he does.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 2 months ago by Gordon.

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8 years 2 months ago #153868 by wendy2
Replied by wendy2 on topic mandatory reassessment
and they said you can not hand in a fit note until job seeker allowance claim gone through even though welfare rights had said job centre would accept a fit note while appealing

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  • bro58
8 years 2 months ago #153871 by bro58
Replied by bro58 on topic mandatory reassessment

wendy wrote: and they said you can not hand in a fit note until job seeker allowance claim gone through even though welfare rights had said job centre would accept a fit note while appealing


Hi w,

You cannot present a fit note whilst also making a fresh claim for JSA.

To claim JSA you have to be fit to actively seek or take up employment.

A fit note states that you are unfit for work, hence the two are contradictory.

If you try and present a fit note to JSA, they may "play ESA/JSA ping pong" with you !

See : This Post

bro58

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8 years 2 months ago #153873 by wendy2
Replied by wendy2 on topic mandatory reassessment
ok thanks but being able to do something reliably etc is a legal requirement if not a legality if i have phrased that right ok I gert it i think ! So prove he cannot do it reliably etc not say that they did not take that into consideration.I think i have it.Appreciate your time.Night night
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8 years 2 months ago #154057 by wendy2
Replied by wendy2 on topic mandatory reassessment
I feel stupid asking this but here goes - i am going through your info on descriptors to help with appeal on my son s behalf and came upon bit about learning and driving included in it and he had a few lessons last year and we knew he could not do it but my aunt insisted anyway the instructor told him he had a brain that could not take in information or retain it - could a letter from driving instructor be of any use in appeal.I am cringing even asking but I am grasping at straws

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  • bro58
8 years 2 months ago #154062 by bro58
Replied by bro58 on topic mandatory reassessment

wendy wrote: I feel stupid asking this but here goes - i am going through your info on descriptors to help with appeal on my son s behalf and came upon bit about learning and driving included in it and he had a few lessons last year and we knew he could not do it but my aunt insisted anyway the instructor told him he had a brain that could not take in information or retain it - could a letter from driving instructor be of any use in appeal.I am cringing even asking but I am grasping at straws


Hi w,

Anything of that ilk that helps to show that he suffers from limitations that may fulfil the qualifying Activities should help.

I always take the view that if you have evidence which you feel may help with your case, but fail to submit it, the evidence cannot possibly be taken into account, can it !!

bro58

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