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Help my ESA stopped!

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7 years 11 months ago #158549 by Karan
Help my ESA stopped! was created by Karan
Hello can anyone help me? I have had my ESA stopped after medical assessment. Put in for a mandatory reconsideration and again turned down. I have Charcott-Marie-Tooth disease which affects my arms, hands, feet, and legs. I am a self employed hairdresser struggling to do 9hrs and the DWP have turned me down....... please can someone help?
Karan.

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7 years 11 months ago #158581 by Gordon
Replied by Gordon on topic Help my ESA stopped!

Karan wrote: Hello can anyone help me? I have had my ESA stopped after medical assessment. Put in for a mandatory reconsideration and again turned down. I have Charcott-Marie-Tooth disease which affects my arms, hands, feet, and legs. I am a self employed hairdresser struggling to do 9hrs and the DWP have turned me down....... please can someone help?
Karan.


Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

You can appeal the Decision and providing this is the first time that you have been found Fit for Work you can receive the ESA Assessment rate while you wait for a hearing.

Have a look at the ESA Appeal guide for links to the form that you will need to complete and instructions on how to complete it.

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

You should contact the DWP for a copy of the assessment report, ask for the ESA85, if you have not already done so, I would phone them follow up the request in writing. 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.

Have a look at our ESA Claim guides for details of the criteria against which you were assessed (same link).

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
The following user(s) said Thank You: Karan

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7 years 11 months ago #159379 by Karan
Replied by Karan on topic Help my ESA stopped!
Hi Gordon.
I have asked for the full medical report ESA85 originally they sent me an ESA 65 is that not the same thing? My appeal needs to be in by the 10th of June and I am finding the whole thing very daunting. I am waiting for supporting reports from my consultant and GP. And this report from DWP. I feel like I'm running out of time and worried about filling in the form right.

Kind regards
Karan.

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7 years 11 months ago #159380 by Gordon
Replied by Gordon on topic Help my ESA stopped!

Karan wrote: Hi Gordon.
I have asked for the full medical report ESA85 originally they sent me an ESA 65 is that not the same thing? My appeal needs to be in by the 10th of June and I am finding the whole thing very daunting. I am waiting for supporting reports from my consultant and GP. And this report from DWP. I feel like I'm running out of time and worried about filling in the form right.

Kind regards
Karan.


The ESA65 is the Decision Maker's Statement of Reasons and is not the same as the ESA85 although it will contain some of the same content.

You don't have to go into detail about why you are making an appeal, if you have a look at the ESA Appeal guide it explains what you need to do to make the request. Once you have submitted your request, the DWP will send in their submission and then you will have at least 2-3 weeks to create and send in your own submission, although it could actually be longer.

So you don't need to rush to get everything together before you make the request!

Gordon

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

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7 years 11 months ago #159409 by Karan
Replied by Karan on topic Help my ESA stopped!
Ok where is says see attached, is that the medical reports from me It means?
Thanks
Karan

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7 years 11 months ago #159441 by Gordon
Replied by Gordon on topic Help my ESA stopped!

Karan wrote: Ok where is says see attached, is that the medical reports from me It means?
Thanks
Karan


I'm sorry

where what says "see attached"?

Gordon

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

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