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ESA Stopped have the decision makers letter

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9 years 4 months ago #146527 by Mind
I have received the Decision Makers letter and the it is full of inaccuracies on behalf of the nurse and I scored Zero:

1. Eg he said I can use the washing machine in my daily living activities, i told him I don't use it daily or even weekly and when I do, I don't take out the clothes cos of apathy.

2. He said I interact with GP receptionist, I told him I have to have alcohol before I make phonecalls as I am scared did not put any of this in. And I need alcohol for courage everyday.

3. The decision maker could not get hold of me but when he called and number was recorded I called him back and he said that it was too late the letter had gone out, he had called me for further information. This does not sound fair.

4. Is this the full report or do I have to request a fuller report from Maximus or is this the full report?

5. I have a support adviser who has requested a mandatory reconsideration on my behalf over the phone. She did not say we were sending further information. Should I send a report from my psychotherapist for this. And she said it confuses them to send a written request as well as a phonecall request for a mandatory reconsideration. I did not have the courage to actually read the report now (after the phonecall and seeing my psychotherapist) and I can better address the innaccuracies in it.

6. I have not claimed jsa because it is too stressful and traumatising.

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9 years 4 months ago #146541 by Gordon
Replied by Gordon on topic ESA sto
Mind

from what you have posted I believe you have received an ESA65, this letter is sent as standard to all ESA claimants who have been found Fit for Work. You can request the assessment report, an ESA85, by contacting the DWP, you can do this on the phone but I would follow up the request in writing, it is worth checking with your support advisor to see whether they have already done this.

As you have an advisor, I would recommend that you sit down with them and decide how you will proceed and what you will send to the DWP.

We're happy to continue to provide information and explanation, but as you have an advisor and they have access to all your papers, they should be your first port of call.

Gordon

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

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9 years 4 months ago #146567 by Mind
Replied by Mind on topic ESA sto

Gordon wrote: Mind

from what you have posted I believe you have received an ESA65, this letter is sent as standard to all ESA claimants who have been found Fit for Work. You can request the assessment report, an ESA85, by contacting the DWP, you can do this on the phone but I would follow up the request in writing, it is worth checking with your support advisor to see whether they have already done this.

As you have an advisor, I would recommend that you sit down with them and decide how you will proceed and what you will send to the DWP.

We're happy to continue to provide information and explanation, but as you have an advisor and they have access to all your papers, they should be your first port of call.

Gordon



1. She hasn't requested any docs.
2. She is now on holiday and has said I should call them up to tell them about further evidence , this is so confusing and said that the queue to speak was very long.
3. I think I have to proceed on my own so suggestions would be helpful, this is all confusing.


is the way to proceed:

1. phone up DWP ask for ESA85.
2. Send letter requesting ESA85
3. In phonecall tell DWP want to send further information for the mandatory request eg letter form psychotherapist
4. Send letter to DWP saying want to give further info re mandatory request eg letter from pyschotherapist.
5. I am worried about delays because of xmas post. Should I get ESA85 and make sure all points are addressed in the mandatory reconsideration. Do I have time to do this?
6. Is my housing and council tax benefit going to be stopped too?

Sorry for all the questions I find this confusing and traumatic

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9 years 4 months ago #146611 by Gordon
Replied by Gordon on topic ESA sto
Mind

If your advisor has not requested anything and is now on holiday then you will need to make the request.

First of all write a letter requesting an MR, there are template letters in the PIP Appeals section that you can use, make it clear that you will be sending additional information for the MR as soon as you have received the assessment report.

Phone the DWP and request the assessment report and then write a letter confirming the request for the report, you need to letters as they will likely end up on different desks and you don't want one request to be slowed by the other.

Next go through the PIP Claim guide to make sure that fully understand the criteria against which you are being assessed, many of the descriptors have multiple elements and you need to meet all of them if you are to score points.

PIP should not effect your Housing Benefit but may impact your Council Tax, it's likely that the DWP have already contacted your Local Authority, but you still have a legal obligation to do so yourself.

Gordon

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

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  • foss27
9 years 4 months ago #146630 by foss27
Replied by foss27 on topic ESA sto
Hi Mind
You need to bear in mind you have 28 days to request the MR. You can ring but write as well as phone calls can be forgotten or ignored.
You definitely need to sit down and go through our guides as calmly and rationally as you can, noting where you think you deserve points and the decision maker gave you none.
When you get the face to face aseesment report you will then be able to reference where it tells lies, says things you didn't say or doesn't record things you did say.
Don't get embroiled in dissing the assessor or decision maker. Try to stick to facts, refute wrong things in the reports and use your evidence to support your submissions.
We are finding a number of claimants posting here saying the assessors and decision makers are not reading through all the evidence. Hopefully you submitted some supporting evidence and kept copies. You can get new evidence if you need to but only for the health conditions etc. you put in the claim form. Do not start saying you have got worse or anything as this neccessitates a new claim.

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  • foss27
9 years 4 months ago - 9 years 4 months ago #146632 by foss27
Replied by foss27 on topic ESA sto
Does your helper work for a charity or other organisation?
They should have contigency plans for holidays, sickness etc as the DWP do not wait for helpers to get back to work to help claimants. They just chuck your claim.
Last edit: 9 years 4 months ago by foss27.

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