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ESA APPEAL
- dawn rittenberg
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8 years 6 months ago #143745 by dawn rittenberg
ESA APPEAL was created by dawn rittenberg
Hi all,
I went for an ESA assessment on the 9/11/2015.
Last week I received the outcome which claims I am fit for work.
I suffer with crohns colitis which can flare up at any time without warning.
I have told then I would like a copy of the report & wish to appeal their decision.
Today I have received the report but no support or guidance what to do next.
They were supposed to call me back as they were going to ask if the decision makers could look into this
I have had no money since 19/8/2015 because of my marital status & my husband working.
Can you give me some advice please.
Thank you DR
I went for an ESA assessment on the 9/11/2015.
Last week I received the outcome which claims I am fit for work.
I suffer with crohns colitis which can flare up at any time without warning.
I have told then I would like a copy of the report & wish to appeal their decision.
Today I have received the report but no support or guidance what to do next.
They were supposed to call me back as they were going to ask if the decision makers could look into this
I have had no money since 19/8/2015 because of my marital status & my husband working.
Can you give me some advice please.
Thank you DR
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- Gordon
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8 years 6 months ago #143757 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA APPEAL
DR
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 and template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/esa1
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
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 and template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/esa1
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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- dawn rittenberg
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8 years 5 months ago #143814 by dawn rittenberg
Replied by dawn rittenberg on topic ESA APPEAL
Hi Gordon,
Thank you for your quick reply.
I agree that it will not get me anywhere correcting all the mistakes that have been made in my report.
I shall follow your advice and write to them so I can get the appeal moving.
The reason I didn't was because they told me to hold off as they were going to see if they could talk to the decision maker.
Thank you very much and I will let you know of any news or outcome I may receive.
Dawn R
Thank you for your quick reply.
I agree that it will not get me anywhere correcting all the mistakes that have been made in my report.
I shall follow your advice and write to them so I can get the appeal moving.
The reason I didn't was because they told me to hold off as they were going to see if they could talk to the decision maker.
Thank you very much and I will let you know of any news or outcome I may receive.
Dawn R
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