esa assessment

magimagi wrote: I waited over 4 weeks & today got a letter saying I was put on wrag contribution based esa for max 365 days. Don't know how I was assessed no details. Are you entitled to income related esa if your husband is retired? So what do I do next? Do I telephone or write for a mandatory reconsideration? do I need more info from doctor or what? It's all so confusing stressfull & I think I've had enough now.

If you are eligible for Contribution Based ESA then it will always be paid in preference to Income Related. If your husband is receiving a pension then this will be treated as income for ESA(IR) claim and will be deducted £ for £.

You can check your eligibility by using one of the online benefit calculators.

www.gov.uk/benefits-calculators

To be placed in the Support Group you need to meet one or more of the SG Descriptors, do you believe this to the case?

If you do then 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

You should contact the DWP for a copy of the assessment report (ESA85) if you have not already done so, I would phone them but again 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 for the SG, 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

magimagi

You can appeal the Decision if you can show that you meet one or more the Support Group Descriptors. Have a look at the ESA Claim guides for details of what these are.

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

See my previous post for information on how to take the matter further if you believe that you can show that you should be in the SG.

One important point, ESA tests your mobility, in addition to seeing how far you can walk it also considers whether you can self propel a manual wheelchair over an equivalent distance, you do not need to use a wheelchair or even to own one for this to be considered.

Gordon