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No poins given at ESA medical

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9 years 6 months ago #124494 by Gordon
Replied by Gordon on topic No poins given at ESA medical
K

It's no problem you asking further questions :)

Whilst Decisions do get overturned on the phone call, it is still quite rare and most usually occurs because existing evidence has not been properly taken into account, I think it unlikely that a Decision Maker will wait for new evidence to be supplied unless that evidence is quite significant, so I doubt that you have missed an opportunity to overturn the Decision.

The next thing for you to do is to submit a request for a Mandatory Reconsideration, this will allow you to qualify your answers on the ESA50 and to submit any new evidence that you have, you are looking at 6-8 weeks for this to be completed. The process is explain in detail in our ESA MR & Appeal guide, I can answer specific questions but you need to have a look at this first,

www.benefitsandwork.co.uk/help-for-claimants/esa1

ESA consists of two groups; the Work Related Activity Group (WRAG) and the Support Group (SG).

The WRAG is normally labelled as being for claimants where there is a prospect of their being able to return to work, this is often not the case but in line with this philosophy claimants are required to participate in Work Focussed Interviews (WFI), Work Related Activity (WRA) and can be forwarded to the Work Programme (WP), failure to comply can result in the claimants benefit being sanctioned.

Work Focussed Interviews

Work Programme

The SG tends to be for claimants with significant disability that is unlikely to improve in the long term, members are not required to participate in WFIs, WRA and cannot be placed on the WP.

Whichever group a claimant is placed in they cannot be required to work or to seek work.

We always advise members that the ESA assessment starts from when they leave home and continues until they have had the interview and have returned home. This is particularly relevant to a number of the ESA Descriptors, for example Mobilising, Standing and Sitting, Getting Around Safely, Controlling your bowels and bladder, Going Out, Coping with Social Situations and Behaving Appropriately.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: karencharlton

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9 years 6 months ago #124497 by Gordon
Replied by Gordon on topic No poins given at ESA medical

K wrote: Thankyou my husband just told me that the assessor said to him as he walk into the room are you sure you fit enough to do this now but dont look it and yet she gave him no dam points


The ESA Descriptors are very precise as to the requirements that a claimant needs to meet, the questions on the ESA50 are less precise and it is easy to misunderstand what a claimant needs to detail in order to qualify.

A common misconception is that the claimant must be unfit for work, whilst an ESA Decision will state whether a claimant is or is not Fit for Work, it does not directly test this with one exception.

Most Descriptors have multiple requirements and all of them need to be met before you can score points. I can't tell from your previous posts whether you used our ESA Claim guides, but even if you did it is worth you revisiting them for more information. The guides are on the link I have previously supplied.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: karencharlton

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