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Writing ESA mandatory reconsideration letter?
- jp7152
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10 years 9 months ago #124233 by jp7152
Writing ESA mandatory reconsideration letter? was created by jp7152
Hi I hope I can get some advice. I have Chronic Fatigue Syndrome and Scoliosis. I had a WCA and was deemed fit for work. I was telephoned by DWP and they told me I was fit for work and to start claiming jobseekers allowance.
They sent through the reasons for their decision and some of them are wrong. I was wondering if to write these on the mandatory reconsideration letter?
They said I sat for 50 mins in the chair and rose without assistance and that I was not breathless. I was in a lot of pain and told the assessor multiple times that I was in pain.
They said on the form that I goto the supermarket to get shopping. I do not and I told the assessor that my father gets my shopping for me and brings it over. I am not able to carry heavy shopping.
They said I have been awarded 6 points for mobilizing however the form also says I have been awarded 6 points for mobilizing so seems to contradict itself.
They said my movements were fluid and I carried a 'medium weight bag in either hand'. It was a tesco carrier bag with 3 empty tablet boxes and two sheets of A4 paper. I weighed it and it weighs 53 grams. I struggle with carrying heavier weights.
They said I was able to take my coat, put it back on and do up and undo my zip. I wasn't wearing a coat I was wearing a jumper and I did not take it off.
They said I use a mobile phone and I handle all my bills. I do not handle my bills they go directly to my fathers address and I did not talk to them about using a mobile phone.
They said at the assessment I have no difficult navigating doorways. They seemed to think I could make the appointment on my own, yet my father drove me there (and I told them this) and my mother came into the appointment with me.
I said I have difficulty going out and starting and finishing tasks due to exhaustion and pain however they said normal behavior was observed expect my movements were slow. I have explained to them I was in pain and often I am too exhausted to start or finish tasks.
I said I upset people as they cannot understand why I am not able to do things however again they said I was normal just slow.
Also on on part of the form they refer to me as 'she' when I am male.
Could anyone please advise how much of this I should put into the mandatory reconsideration letter?
Thank you very much in advance
They sent through the reasons for their decision and some of them are wrong. I was wondering if to write these on the mandatory reconsideration letter?
They said I sat for 50 mins in the chair and rose without assistance and that I was not breathless. I was in a lot of pain and told the assessor multiple times that I was in pain.
They said on the form that I goto the supermarket to get shopping. I do not and I told the assessor that my father gets my shopping for me and brings it over. I am not able to carry heavy shopping.
They said I have been awarded 6 points for mobilizing however the form also says I have been awarded 6 points for mobilizing so seems to contradict itself.
They said my movements were fluid and I carried a 'medium weight bag in either hand'. It was a tesco carrier bag with 3 empty tablet boxes and two sheets of A4 paper. I weighed it and it weighs 53 grams. I struggle with carrying heavier weights.
They said I was able to take my coat, put it back on and do up and undo my zip. I wasn't wearing a coat I was wearing a jumper and I did not take it off.
They said I use a mobile phone and I handle all my bills. I do not handle my bills they go directly to my fathers address and I did not talk to them about using a mobile phone.
They said at the assessment I have no difficult navigating doorways. They seemed to think I could make the appointment on my own, yet my father drove me there (and I told them this) and my mother came into the appointment with me.
I said I have difficulty going out and starting and finishing tasks due to exhaustion and pain however they said normal behavior was observed expect my movements were slow. I have explained to them I was in pain and often I am too exhausted to start or finish tasks.
I said I upset people as they cannot understand why I am not able to do things however again they said I was normal just slow.
Also on on part of the form they refer to me as 'she' when I am male.
Could anyone please advise how much of this I should put into the mandatory reconsideration letter?
Thank you very much in advance
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- Gordon
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10 years 9 months ago #124237 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Writing ESA mandatory reconsideration letter?
jp7152
Welcome to the forum.
Based on your post there are two options to pursue.
You say that the assessor has referred to as a female, has this occurred throughout the report? If it has then I believe you have a good case for having the report thrown out, such comments would have been logged into the report during the assessment so it is difficult to see how this can be considered an error, after the fact, Things to check are that the correct name and National Insurance Number are printed on each page.
You will need to make a formal complaint to ATOS about the report
Complaining to ATOS Healthcare
However, even if the report is withdrawn it will not result in an award of ESA, this will only happen if you can show that your meet the ESA Descriptors sufficiently to score 15 points for the WRAG or that you meet one or more of the Support Group Descriptors.
Whilst you should inform the DWP that you have made a formal complaint about the ATOS report, until the report is withdrawn (if it is), the the DWP will still view it as valid.
With regard the MR, see are ESA MR & Appeal Guide on how to submit an MR, there are template letters in this section as well.
www.benefitsandwork.co.uk/help-for-claimants/esa1
ESA assessments use indirect assumption to test a claimants capabilities, as an example; if you can watch the TV, then it will be assumed that you can sit for long periods of time, that you do not have problems with your sight or hearing, that you are able to concentrate, etc..
It is really important that you fully understand the ESA Descriptors that you are being measured against, as an example; the Standing and Sitting Descriptor looks at a claimants ability to remain at a workstation, standing, sitting, or a combination of the two, so even though you were in pain while sitting during the assessment, you remained seated (as at a workstation) and therefore could easily be regarded as failing the test, basically you did not walk away from the workstation.
So, you need to go through each of the Descriptors that you think you should score points for and explain why you should and where the ATOS report is in error. Basically go back to the ESA Claim guides and re-write your ESA50 based on the comments on the report. In the above example you need to highlight that you were in significant discomfort or worse while you were seated and that the period should therefore be excluded.
If you have any questions on the above, please reply to this post.
Gordon
Welcome to the forum.
Based on your post there are two options to pursue.
You say that the assessor has referred to as a female, has this occurred throughout the report? If it has then I believe you have a good case for having the report thrown out, such comments would have been logged into the report during the assessment so it is difficult to see how this can be considered an error, after the fact, Things to check are that the correct name and National Insurance Number are printed on each page.
You will need to make a formal complaint to ATOS about the report
Complaining to ATOS Healthcare
However, even if the report is withdrawn it will not result in an award of ESA, this will only happen if you can show that your meet the ESA Descriptors sufficiently to score 15 points for the WRAG or that you meet one or more of the Support Group Descriptors.
Whilst you should inform the DWP that you have made a formal complaint about the ATOS report, until the report is withdrawn (if it is), the the DWP will still view it as valid.
With regard the MR, see are ESA MR & Appeal Guide on how to submit an MR, there are template letters in this section as well.
www.benefitsandwork.co.uk/help-for-claimants/esa1
ESA assessments use indirect assumption to test a claimants capabilities, as an example; if you can watch the TV, then it will be assumed that you can sit for long periods of time, that you do not have problems with your sight or hearing, that you are able to concentrate, etc..
It is really important that you fully understand the ESA Descriptors that you are being measured against, as an example; the Standing and Sitting Descriptor looks at a claimants ability to remain at a workstation, standing, sitting, or a combination of the two, so even though you were in pain while sitting during the assessment, you remained seated (as at a workstation) and therefore could easily be regarded as failing the test, basically you did not walk away from the workstation.
So, you need to go through each of the Descriptors that you think you should score points for and explain why you should and where the ATOS report is in error. Basically go back to the ESA Claim guides and re-write your ESA50 based on the comments on the report. In the above example you need to highlight that you were in significant discomfort or worse while you were seated and that the period should therefore be excluded.
If you have any questions on the above, please reply to this post.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- jp7152
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10 years 9 months ago #124241 by jp7152
Replied by jp7152 on topic Writing ESA mandatory reconsideration letter?
Thank you for the reply.
They only referred to me as a she once, I just thought it was strange.
I have read the ESA MR & Appeal Guide, I was asking because it looked like the Mandatory Reconsideration letter on there was very short and without referring to the report. Looks like I should compare the report to the descriptors as you say.
Thank you for the advice
One correction "They said I have been awarded 6 points for mobilizing however the form also says I have been awarded 6 points for mobilizing so seems to contradict itself." I meant they said 6 points in once place and 0 points on the big list at the end.
They only referred to me as a she once, I just thought it was strange.
I have read the ESA MR & Appeal Guide, I was asking because it looked like the Mandatory Reconsideration letter on there was very short and without referring to the report. Looks like I should compare the report to the descriptors as you say.
Thank you for the advice
One correction "They said I have been awarded 6 points for mobilizing however the form also says I have been awarded 6 points for mobilizing so seems to contradict itself." I meant they said 6 points in once place and 0 points on the big list at the end.
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- Gordon
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10 years 9 months ago #124246 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Writing ESA mandatory reconsideration letter?
JP
ATOS assessment reports seem to be wither good or very bad, we rarely hear of one that is mediocre! The process is controlled by a computer program which unfortunately makes it all to easy for the assessor to perform the interview on auto pilot, so I am not surprised by the missed Mobility points.
There are two aspects to the MR process, making the request for an MR, which does not require you to be detailed, but should be made as quickly as possible and then as a separate activity, attempting to get he original Decision overturned.
So in your request for an MR you could mention the ESA Descriptors that you think you should have scored points for but you don't have to go in to detail, just make them aware that you will be sending additional information within the next four weeks.
Gordon
ATOS assessment reports seem to be wither good or very bad, we rarely hear of one that is mediocre! The process is controlled by a computer program which unfortunately makes it all to easy for the assessor to perform the interview on auto pilot, so I am not surprised by the missed Mobility points.
There are two aspects to the MR process, making the request for an MR, which does not require you to be detailed, but should be made as quickly as possible and then as a separate activity, attempting to get he original Decision overturned.
So in your request for an MR you could mention the ESA Descriptors that you think you should have scored points for but you don't have to go in to detail, just make them aware that you will be sending additional information within the next four weeks.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- jp7152
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10 years 9 months ago #124262 by jp7152
Replied by jp7152 on topic Writing ESA mandatory reconsideration letter?
I have written out some details to send, would it be OK to post it and see what you think of it?
Thanks
Thanks
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- Gordon
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10 years 9 months ago #124269 by Gordon
As much as we would sometimes like to, we cannot give detailed personal advice on the forum, if you have based your MR request on the templates in the members only area then I am sure it will be fine, remember you are not trying to cover all the bases today, just request the MR.
Take your time going back through your ESA50, your evidence and the medical report to show why you meet each of the ESA descriptors and why and then show why the ATOS report is incorrect in that area.
If there is anything you do not understand, then please ask as that is something we can help with.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Writing ESA mandatory reconsideration letter?
jp7152 wrote: I have written out some details to send, would it be OK to post it and see what you think of it?
Thanks
As much as we would sometimes like to, we cannot give detailed personal advice on the forum, if you have based your MR request on the templates in the members only area then I am sure it will be fine, remember you are not trying to cover all the bases today, just request the MR.
Take your time going back through your ESA50, your evidence and the medical report to show why you meet each of the ESA descriptors and why and then show why the ATOS report is incorrect in that area.
If there is anything you do not understand, then please ask as that is something we can help with.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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