ESA - WRAG

J

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OK, you need to take control of this situation so the first thing I would do is to request an MR, even though you have not received the Decision Letter, you do have the date it was made so there is nothing stopping you making a request.

You should make it in writing, there are template letters you can use in the ESA section, I would include a note that you will be sending further information as soon as you have received a copy of the assessment report. See

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

Next, phone the DWP for the assessment report, you need to ask for the ESA85.

Next contact the JC+, do you have the name of your advisor? If not then ask to speak to a supervisor, tell them that you need the appointment to be deferred or at the very least, held over the phone. It might actually help if you get someone to phone on your behalf. They won't know what you conditions are, so you will need to explain this and although it may be difficult for you (this would be a good reason for someone else to make the call), inform them of your recent episode and why it happened.

If you can, try and get face to face advice, do an internet search for "welfare advice" with your postcode, town of county. If you can then your advisor may be able to make the calls for you.

This should give you some time to breath.

You need to follow up the MR request. 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 by replying to this post and we will do our best to help.

Gordon

juia.b wrote: Hi again. I have managed to get my JC+ appt changed to the 4th May. thank you for the advice.

I phoned DWP too and have recieved my ESA85 med rep form on Saturday 10th april, ( dated 21 march.) But it doesn't give any score points. I still dont have my decision letter or one that states my points score. I rang to ask for a written statement of reasons but have not got that either.
My ESA85 report states a lot of things I didnt actually say, like I walk to the shops. I dont...she asked me if i do, I said no, I drive, it is less than 2 minutes away, and go at a quiet time & only when Im up to it, (meaning depending on my mental state and how painful my hands etc are) & once or twice in a week, if that.
it says I cook for myself, I dont, same reason and I have very poor apptite. it states I had no problem filling in the questionaire, but the assessor did not ask me about that. I did state in the WCA form itself that I had trouble filling it in due to my arthritis and it had to be done over several sittings. It states I will have the tv on for background noise, she asked me if I watch tv, I said no, as I cant follow any story, its only on sometimes for background noise, (meaning it helps me fall asleep sometimes when im having trouble.) What is the relevence of that question?
I actually sent the WCA form off before i found this site, so I think ive made some mistakes due to being confusd and having not understood its true meaning. I found it difficult to fill in and understand. I get panicky & anxious if I have to go out places and meeting people, I sometimes get lost and confused because im panicking. I cope a little better if my son or my brother goes with me. my Brother takes me to the GP surgery most of the time. Even though I still get very anxious.
There is much more I dont understand in the ESA85 report, I disagree with a lot it and am unsure how to proceed. I very much appreciate your advice.
I am getting my M/R request posted tonight.

First of all you need to distinguish matters that affect your claim from the rest of the report, for example; spelling mistakes and the assessor getting referring to matters not relevant to the assessment. Raising issues about these simply dilutes your response.

Next separate fact from opinion, you are unlikely to be successful in arguing against opinions.

Questions like "do you watch the TV?" allow the assessor to make assumptions about your capabilities, for example; you can sit for prolonged periods of time, you have no problems with your eyesight or hearing, you can concentrate for long periods. There assumptions may be incorrect, if this is the case then you should point it out.

However, you will only get an award by first showing that you meet the criteria for one, no amount of dishing the report will result in an award. So you need to do this first and then show that the assessors conclusions are incorrect and why.

The ESA85 will state the points you scored but you will need to do some decoding, the assessor will for each activity, have made a recommendation as to which Descriptor you meet. For the Mobility activity the codes are Wa-We, the W is for the activity and the a-e corresponds to the Descriptor.

Gordon

juia.b wrote: I have not yet posted this
Do you think this is suitable?

Dear Sir/Ms,MANDATORY RECONSIDERATION REQUEST
I request that you reconsider your decision dated 23 March 2016 finding me capable of work.
I consider that I provided enough evidence for a finding to be made that I do have limited capability for work and limited capability for work-related activity.

I do not consider that the decision maker took full account of the severity of my condition or of the way that it affects my everyday activities and bodily functions.

Please note that I have not yet been sent a decision/statement of reason letter following the WCA
I have an appt with a Rheumatology consultant on the 1st June

I also have appts with a psychiatrist and Psychologist connected to Queens Hosp. having recently been admitted for drug overdose and self-harm, due to being unable to cope with the added stress and anxiety of this situation on top of my depression.

I do not have any further evidence to add at this stage.
However, i will be sending further information as soon as I have received a copy of the assessment report.

Should I wish to withdraw this request I will only do so in writing. Under no circumstances will I withdraw this request verbally. If you speak to me on the telephone about this matter, nothing I say should be construed as a withdrawal unless and until it is confirmed in writing.
Yours faithfully,

Looks fine, the only change I would make is to move the paragraph about you going to Queens hospital higher in the letter as it is an important point.

Gordon