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ESA tribunal
- marcobw
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5 years 9 months ago #216735 by marcobw
ESA tribunal was created by marcobw
Hello
I have been in the ESA Support group for over ten years, until my most recent assessment where I was given 0 points. My principal claim is based on having Bipolar Disorder, although I have several physical health issues as well. The only thing that has changed between my latest assessment and the previous one is that I had transverse myelitis to add to the list.
The assessor said that I was not fit for work, but could do work-related activities. Like making a list of my hobbies!!? This seems a sleight of hand in that they are moving me to the WRAG, which lasts a year, then what? There is no activity that counteracts my mental health issues. I don’t need IT training or help writing a CV etc
I have since seen the assesors full report and she suggests I should go back to work in 18 months. This is complete nonsense. It’s completely arbitrary and plain wrong. The thing that seems hard to argue is that I’m not fit to ‘make a list of hobbies’ but what is the point? It’s a charade
Can anyone advise?
Many thanks
Marco
I have been in the ESA Support group for over ten years, until my most recent assessment where I was given 0 points. My principal claim is based on having Bipolar Disorder, although I have several physical health issues as well. The only thing that has changed between my latest assessment and the previous one is that I had transverse myelitis to add to the list.
The assessor said that I was not fit for work, but could do work-related activities. Like making a list of my hobbies!!? This seems a sleight of hand in that they are moving me to the WRAG, which lasts a year, then what? There is no activity that counteracts my mental health issues. I don’t need IT training or help writing a CV etc
I have since seen the assesors full report and she suggests I should go back to work in 18 months. This is complete nonsense. It’s completely arbitrary and plain wrong. The thing that seems hard to argue is that I’m not fit to ‘make a list of hobbies’ but what is the point? It’s a charade
Can anyone advise?
Many thanks
Marco
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- Gordon
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5 years 9 months ago #216748 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA tribunal
marcobw
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
Just to be clear, you scored zero points but were placed in the WRAG the Substantial Risk Regulations and specifically Reg. 29?
Do you know how you previously qualified for the Support Group? Was it Regulation 35?
If it was then this may be the reason that your award has been downgraded, the DWP has issued new guidance over the last couple of years that means that it is much more difficult to qualify for the SG through this route.
Did you have any up to date evidence?
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 if you have not already done so, I would phone them but again follow up the request in writing. It will be an ESA85 if you had a face to face assessment or an ESA85A if you did not. 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
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
Just to be clear, you scored zero points but were placed in the WRAG the Substantial Risk Regulations and specifically Reg. 29?
Do you know how you previously qualified for the Support Group? Was it Regulation 35?
If it was then this may be the reason that your award has been downgraded, the DWP has issued new guidance over the last couple of years that means that it is much more difficult to qualify for the SG through this route.
Did you have any up to date evidence?
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 if you have not already done so, I would phone them but again follow up the request in writing. It will be an ESA85 if you had a face to face assessment or an ESA85A if you did not. 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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