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ESA paperwork.
- abba4everx
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9 years 1 month ago #155709 by abba4everx
ESA paperwork. was created by abba4everx
Hi,
Could anyone give me some advice about a problem i have been experiencing from the DWP,
and im also wondering if this is a common problem.
On the 29th February, I attended my medical assessment. The nurse told me i would hear back in the next 3 to 4 weeks,
But on the 14th March, I received a letter from my local Job centre telling me to attend an interview for the Work related group, I was previously in the support group.
This is the first i heard of which group i had been placed into, as i had not received any other paperwork.
At the job centre i was told the decision had been made on the 7th March, and i had 30 days in which to appeal.
The lady at the job centre, contacted the relevant department on the 17th requesting them to send out the paper work i required to make an appeal and to see what had been written on my medical assessment.
It wasnt until the 24th March did i receive anything, and all i received was the medical report, nothing else in the envelope.
So the DWP was contacted again, and they assured me my appeal time would be extended, and a note would be left on my file,
On the 29th March, I received another envelope, this time it just contained one sheet with my points tally on it, There was nothing else, no information about appealing, or that i could even appeal, no telephone numbers, no address where to send my appeal, nothing.
So again the DWP was contacted, I was really concerned about the date my right to appeal would be and had it the date been extended, I was told they new nothing about it, and nothing had been written on my file.
Again i was assured the extension wouldnt be a problem, and they promised to send out the correct paperwork.
But on the 2nd of April, I received just the points tally again.
As i cant believe anything the DWP says, I worked out my originally 30 day appeal time, would be the 7th March(the day the decision was made.) until the 6th April.
I managed to get all my extra information completed and sent everything off to an address given to me over the phone by the DWP, as supposedly the correct place to send my appeal, but i cant really trust that. I sent everything signed for.
Im scared they will refuse me the right to have an appeal, is there paperwork, that i should have included with my appeal. But never received.
I wrote an explanation, of what happened with the paperwork, extension and so on, but im concerned they will find any excuse to refuse the appeal.
If they do, are there any steps i could take, being as the problem was down to their incompetence.
I last had a medical assessment over two years ago, and when they sent me the paperwork and decision in that case. I received a mass of paper back.
It included an all my original notes and form, the medical assessment notes details about and how to appeal
. But i seriously doubt this time, had the DWP not been contacted, they wouldnt of sent me any paperwork, not even informing me of the decision.
Secondly, when i did receive the medical assessment, it was like i had been at another assessment.
The nurse wrote down very short sentences to the answers i gave,even though i went into detail, and left the most important parts out.
There was answers to questions i hadnt been asked and the answer was the complete opposite to what i would of said, had i been asked.
She even diagnosed a condition with my head which hasnt been fully diagnosed by doctors, because im terrified of having an MRI scan, and she wrote it as having migraines, (I wish), its far worse. She even wrote i wasnt on medication for this condition.
I take 8 tramadol. 8 paracetamol, and 2 Naproxen a day, just to be able to function.
Lastly, sorry its so long winded. My assessment is for Mental health, and physical issues,
all of which since i was last put into the Support group in 2014 have deteriorated, and i have new conditions which affect my daily life.
So i dont understand how they can justify putting me into the work group, when everything has become worse.
Any advice or help would be greatly appreciated.
Many thanks,
Wendy.
Could anyone give me some advice about a problem i have been experiencing from the DWP,
and im also wondering if this is a common problem.
On the 29th February, I attended my medical assessment. The nurse told me i would hear back in the next 3 to 4 weeks,
But on the 14th March, I received a letter from my local Job centre telling me to attend an interview for the Work related group, I was previously in the support group.
This is the first i heard of which group i had been placed into, as i had not received any other paperwork.
At the job centre i was told the decision had been made on the 7th March, and i had 30 days in which to appeal.
The lady at the job centre, contacted the relevant department on the 17th requesting them to send out the paper work i required to make an appeal and to see what had been written on my medical assessment.
It wasnt until the 24th March did i receive anything, and all i received was the medical report, nothing else in the envelope.
So the DWP was contacted again, and they assured me my appeal time would be extended, and a note would be left on my file,
On the 29th March, I received another envelope, this time it just contained one sheet with my points tally on it, There was nothing else, no information about appealing, or that i could even appeal, no telephone numbers, no address where to send my appeal, nothing.
So again the DWP was contacted, I was really concerned about the date my right to appeal would be and had it the date been extended, I was told they new nothing about it, and nothing had been written on my file.
Again i was assured the extension wouldnt be a problem, and they promised to send out the correct paperwork.
But on the 2nd of April, I received just the points tally again.
As i cant believe anything the DWP says, I worked out my originally 30 day appeal time, would be the 7th March(the day the decision was made.) until the 6th April.
I managed to get all my extra information completed and sent everything off to an address given to me over the phone by the DWP, as supposedly the correct place to send my appeal, but i cant really trust that. I sent everything signed for.
Im scared they will refuse me the right to have an appeal, is there paperwork, that i should have included with my appeal. But never received.
I wrote an explanation, of what happened with the paperwork, extension and so on, but im concerned they will find any excuse to refuse the appeal.
If they do, are there any steps i could take, being as the problem was down to their incompetence.
I last had a medical assessment over two years ago, and when they sent me the paperwork and decision in that case. I received a mass of paper back.
It included an all my original notes and form, the medical assessment notes details about and how to appeal
. But i seriously doubt this time, had the DWP not been contacted, they wouldnt of sent me any paperwork, not even informing me of the decision.
Secondly, when i did receive the medical assessment, it was like i had been at another assessment.
The nurse wrote down very short sentences to the answers i gave,even though i went into detail, and left the most important parts out.
There was answers to questions i hadnt been asked and the answer was the complete opposite to what i would of said, had i been asked.
She even diagnosed a condition with my head which hasnt been fully diagnosed by doctors, because im terrified of having an MRI scan, and she wrote it as having migraines, (I wish), its far worse. She even wrote i wasnt on medication for this condition.
I take 8 tramadol. 8 paracetamol, and 2 Naproxen a day, just to be able to function.
Lastly, sorry its so long winded. My assessment is for Mental health, and physical issues,
all of which since i was last put into the Support group in 2014 have deteriorated, and i have new conditions which affect my daily life.
So i dont understand how they can justify putting me into the work group, when everything has become worse.
Any advice or help would be greatly appreciated.
Many thanks,
Wendy.
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- Gordon
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9 years 1 month ago - 9 years 1 month ago #155725 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA paperwork.
abba4everx
A lot of people, including the DWP, misunderstand the rules in regard to challenging a Decision.
The first stage to the process is for the claimant to request a Mandatory Reconsideration from the DWP. You actually have 13 months to make the request, however, if the request is made later than one month after the date of the Decision (see below), then the claimant must explain why the request is late, the DWP do not have to accept those reasons and if they do not then the claimant can progress the matter further, that's why most sites (ours included) push claimants to make the request within the one month.
Do the DWP ever refuse a later request? Yes, but it does not happen very frequently and a failure to notify the Decision in writing of the Decision would be Good Cause for a late request.
That said, I would make the request for an MR (in writing) now, you do not need to give detailed reasons why you are making the request, there are template letters that you can use in the ESA section of the site. I would explain that the request is late because, at the time of writing, you are still waiting for confirmation of the Decision in writing.
I would say in your request, that you will be sending additional information.
As you have the assessment report, you can provide more detailed reasons for your request. You should be given four weeks to send this, but I would aim to do so in no more than a couple of weeks or you risk your letter passing one from the DWP in their internal mail system.
I would work your way through the assessment report with your ESA50 and the ESA Claim guides to see why you have failed and to address the issues raised. Try not to get bogged down with challenging the contents of the report, it's important but you will only be placed back into the SG by showing that you meet one or more the associated Descriptors.
If the MR is unsuccessful and I have to warn you that the revision rate is quite low, you can go onto appeal and your claim will be heard by an independent panel.
If you have more questions then please reply to this post and we will do our best to help.
Gordon
A lot of people, including the DWP, misunderstand the rules in regard to challenging a Decision.
The first stage to the process is for the claimant to request a Mandatory Reconsideration from the DWP. You actually have 13 months to make the request, however, if the request is made later than one month after the date of the Decision (see below), then the claimant must explain why the request is late, the DWP do not have to accept those reasons and if they do not then the claimant can progress the matter further, that's why most sites (ours included) push claimants to make the request within the one month.
Do the DWP ever refuse a later request? Yes, but it does not happen very frequently and a failure to notify the Decision in writing of the Decision would be Good Cause for a late request.
That said, I would make the request for an MR (in writing) now, you do not need to give detailed reasons why you are making the request, there are template letters that you can use in the ESA section of the site. I would explain that the request is late because, at the time of writing, you are still waiting for confirmation of the Decision in writing.
I would say in your request, that you will be sending additional information.
As you have the assessment report, you can provide more detailed reasons for your request. You should be given four weeks to send this, but I would aim to do so in no more than a couple of weeks or you risk your letter passing one from the DWP in their internal mail system.
I would work your way through the assessment report with your ESA50 and the ESA Claim guides to see why you have failed and to address the issues raised. Try not to get bogged down with challenging the contents of the report, it's important but you will only be placed back into the SG by showing that you meet one or more the associated Descriptors.
If the MR is unsuccessful and I have to warn you that the revision rate is quite low, you can go onto appeal and your claim will be heard by an independent panel.
If you have more questions then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 9 years 1 month ago by Gordon.
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