ESA - basic query

Penguin wrote: At a bit of a loss as to what to do - my ESA has been taken away(after 13 years) based on a medical assessment on a form filled in on 2014,
I am back on antidepressants and my gp has referred me for counselling! If I wasn't for support from my family and my gorgeous daughter i would curl up in a corner and give up.
I have an work focussed interview tomorrow
I have cerebella ataxia - a degenerative disorder that has not, and is very unlikely to get better

You say you have a WFI tomorrow, have you claimed JSA?

If you want to challenge the ESA Decision 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 if you have not already done so, it's called the ESA865. 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, 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

Penguin wrote: Mandatory reconsideration going through now but advised to apply for JSA in the meantime so that I have money to live!!!
I made many mistakes in interview but had no idea it was relating to an ESA form 2 years out of date!
We have gone trough every point on the report stating where the doctor has made assumptions - i.e. because I can fold a tissue in half that my upper mobility is great and that I can carry a box
And because I walked 10 meters to the room (it was less than 5) that I can walk 200m plus and stand for over an hour

I would certainly query the use of an old ESA50, did you submit a new form?

Gordon