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ESA Support Group to zeros. Mandatory Recon
- apricot
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8 years 9 months ago #138211 by apricot
ESA Support Group to zeros. Mandatory Recon was created by apricot
ESA Support Group to zeros after HCP assessment.
Assessment and report extremely flawed, so DM decision based on this. Trying to apply for Mandatory Reconsideration.
I am so tired, so little sleep, writing and writing for 3 weeks now. Symptoms making it hard to stop writing and decide what to send. Pressure of time. Getting more ill. HCP really only paid attention to ticks, not to variability, unpredictability, long term history (decades), boxes with information, symptoms and examples, Harrington boxes (safely, etc - top of parts 1 & 2), medical evidence - all ignored. Statements attributed to me which I didn't make, about things I find particularly hard, claiming I said I can do these things easily, statements that I said I could do things we didn't even discuss, and that she observed things she didn't+++++ endless, overwhelming. Personal Summary shifts the already wrong things to make it sound as if I can do really impressive things. Need to post it, but exhausted. Help?
Assessment and report extremely flawed, so DM decision based on this. Trying to apply for Mandatory Reconsideration.
I am so tired, so little sleep, writing and writing for 3 weeks now. Symptoms making it hard to stop writing and decide what to send. Pressure of time. Getting more ill. HCP really only paid attention to ticks, not to variability, unpredictability, long term history (decades), boxes with information, symptoms and examples, Harrington boxes (safely, etc - top of parts 1 & 2), medical evidence - all ignored. Statements attributed to me which I didn't make, about things I find particularly hard, claiming I said I can do these things easily, statements that I said I could do things we didn't even discuss, and that she observed things she didn't+++++ endless, overwhelming. Personal Summary shifts the already wrong things to make it sound as if I can do really impressive things. Need to post it, but exhausted. Help?
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- Gordon
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8 years 9 months ago #138220 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Support Group to zeros. Mandatory Recon
Apricot
The most important thing for you to do is to request a Mandatory Reconsideration within one month from the date of the Decision, requests made within the one month have to be accepted by the DWP, those made after that time have to show Good Cause as to why the request is late and it is at the discretion of the DWP whether they accept the request.
You do not have to go into details when you make the request, you can notify them that you will be sending in further information and they should give you four weeks to do so, although I would send any information in as soon as you can rather than waiting.
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.
Go through your ESA50, the assessment report and the ESA Claim guides to see if you can explain yourself better and to deal with the opinions in the assessment report.
We don't have statistics for Mandatory Reconsideration but it is unlikely that the revision rate is probably not much more than 10%, so you should give some thought to having to appeal.
You will not receive any payments during the MR phase, if this is an issue then your only option is to claim JSA, you should be able to negotiate a restricted Job search agreement, claiming JSA will not impact on your MR or any appeal.
Gordon
The most important thing for you to do is to request a Mandatory Reconsideration within one month from the date of the Decision, requests made within the one month have to be accepted by the DWP, those made after that time have to show Good Cause as to why the request is late and it is at the discretion of the DWP whether they accept the request.
You do not have to go into details when you make the request, you can notify them that you will be sending in further information and they should give you four weeks to do so, although I would send any information in as soon as you can rather than waiting.
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.
Go through your ESA50, the assessment report and the ESA Claim guides to see if you can explain yourself better and to deal with the opinions in the assessment report.
We don't have statistics for Mandatory Reconsideration but it is unlikely that the revision rate is probably not much more than 10%, so you should give some thought to having to appeal.
You will not receive any payments during the MR phase, if this is an issue then your only option is to claim JSA, you should be able to negotiate a restricted Job search agreement, claiming JSA will not impact on your MR or any appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- apricot
- Topic Author
8 years 9 months ago #138223 by apricot
Replied by apricot on topic ESA Support Group to zeros. Mandatory Recon
The ESA50 and medical evidence are the same as in the past, just minor changes in a subsidiary problem (which is sometimes completely incapacitating now, where she was careful to avoid hearing anything or noting anything about pain). My main condition hasn't changed.
The paper assessment in 2013 put me into the Support Group, so how am I suddenly fit for work on the same evidence? Because the review is just based on the word of the HCP?
I followed B&W guidance for the ESA50. I can't imagine how I could be clearer. (eg.When I have xyz symptoms due to j condition, it affects me like this, plus some examples. I cannot do it within a reasonable amount of time or as often as I need.)
The HCP had what I think was a taught technique for the whole assessment, quite unlike previous assessments. It started with her saying that a couple of my conditions had a much shorter history than is the case. When I said how long I'd had them, she said "It's in your medical records. I can't go against the medical records". She insisted on this, 3 times over, and wouldn't believe me or check the file. But there was hardly anything in her file other what I sent.
She also told me that I was not allowed to take notes, which I checked afterwards, I found the manual said the opposite, and mentioned Human Rights.
I just want the information I submitted to be read.
The DM tried to find something to quote from my form to support all the "None of the above apply"s from the HCP, for example by selecting a tiny part of an example and making it singular.
There is no evidence of reading medical evidence for my main conditions in either report. The HCP was very careful to avoid talking about symptoms, or variability,prompting, unpredictability. The whole thing is so far from what it says in the 2015 Training Manual.
You can ask for something to be read, but can't make them read it. And after all the weeks of slogging away on these forms! Is there a newer manual by Maximus, or were they involved in the Feb 15 one?
I have excellent, relevant, detailed medical evidence - but there is no reference to it in the reports. I think they may achieve their million assessments by reading nothing, making a nonsense of the tick boxes.
How do you deal with lies?
I get the point about facts and opinions - thank you.
Have you seen these very long HCP reports - overwhelmingly muddled with lots of repetition.
My main problem is that it is because of my symptoms of anxiety and depression that I'm finding it so hard to submit the MR. The more time I spend on it, the more ill I get.
The paper assessment in 2013 put me into the Support Group, so how am I suddenly fit for work on the same evidence? Because the review is just based on the word of the HCP?
I followed B&W guidance for the ESA50. I can't imagine how I could be clearer. (eg.When I have xyz symptoms due to j condition, it affects me like this, plus some examples. I cannot do it within a reasonable amount of time or as often as I need.)
The HCP had what I think was a taught technique for the whole assessment, quite unlike previous assessments. It started with her saying that a couple of my conditions had a much shorter history than is the case. When I said how long I'd had them, she said "It's in your medical records. I can't go against the medical records". She insisted on this, 3 times over, and wouldn't believe me or check the file. But there was hardly anything in her file other what I sent.
She also told me that I was not allowed to take notes, which I checked afterwards, I found the manual said the opposite, and mentioned Human Rights.
I just want the information I submitted to be read.
The DM tried to find something to quote from my form to support all the "None of the above apply"s from the HCP, for example by selecting a tiny part of an example and making it singular.
There is no evidence of reading medical evidence for my main conditions in either report. The HCP was very careful to avoid talking about symptoms, or variability,prompting, unpredictability. The whole thing is so far from what it says in the 2015 Training Manual.
You can ask for something to be read, but can't make them read it. And after all the weeks of slogging away on these forms! Is there a newer manual by Maximus, or were they involved in the Feb 15 one?
I have excellent, relevant, detailed medical evidence - but there is no reference to it in the reports. I think they may achieve their million assessments by reading nothing, making a nonsense of the tick boxes.
How do you deal with lies?
I get the point about facts and opinions - thank you.
Have you seen these very long HCP reports - overwhelmingly muddled with lots of repetition.
My main problem is that it is because of my symptoms of anxiety and depression that I'm finding it so hard to submit the MR. The more time I spend on it, the more ill I get.
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- Gordon
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8 years 9 months ago #138244 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Support Group to zeros. Mandatory Recon
Apricot
We have unfortunately seen far too many adverse ESA assessment reports where the claimant barely recognises themselves from what has been recorded, it's very wrong, but there are limited options for the claimant to deal with this,
But all of this is moot if you do not submit a request for a Mandatory Reconsideration, you do not have to go into detail as to your reasons for the request, this can be done later.
Gordon
We have unfortunately seen far too many adverse ESA assessment reports where the claimant barely recognises themselves from what has been recorded, it's very wrong, but there are limited options for the claimant to deal with this,
But all of this is moot if you do not submit a request for a Mandatory Reconsideration, you do not have to go into detail as to your reasons for the request, this can be done later.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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