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ESA Appeal
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8 years 2 weeks ago #156200 by KG55
Replied by KG55 on topic ESA Appeal
Hi
Thanks very much for such a quick reply and for fixing the link - I'll have a look through all the info on there so we can start preparing the submission.
Many thanks for your help so far
Thanks very much for such a quick reply and for fixing the link - I'll have a look through all the info on there so we can start preparing the submission.
Many thanks for your help so far
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8 years 2 weeks ago #156205 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Appeal
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Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 11 months ago #158572 by KG55
Replied by KG55 on topic ESA Appeal
Hi
My ex has now received the appeal papers and we are going to draft a written submission and are working through the guides which are really helpful. I had a couple of questions (for now!) which might help understand how to approach it.
The appeal pack includes his medical assessment from the year before (although not the score sheet) after which he was awarded ESA in WRAG for his mental health issues. On the ESA50 he completed this year he didn't really identify most of his mental health problems (although he did answer 'frequently' to Q17 about behaving appropriately) which I think was due to physical problems being main concern at the time. He did talk about it at the assessment though. If the decision about the award is based on the evidence on the day as we were told and didn't look at previous assessment, why is his previous year's medical assessment included in the pack? Is there any point in referring to it?
For a lot of the questions about physical activity he put 'it varies' in his response but on the day the assessor kept pushing the point about a 'typical day' which there isn't. So we will challenge some of the assumptions. Since the assessment, his condition has worsened in that he has problems most of the time rather than it varying. Is it ok to bring in information about the changes since the assessment and will it be considered? We are trying to get a report from the GP about this to support it too.
Many thanks for any advice you can give
My ex has now received the appeal papers and we are going to draft a written submission and are working through the guides which are really helpful. I had a couple of questions (for now!) which might help understand how to approach it.
The appeal pack includes his medical assessment from the year before (although not the score sheet) after which he was awarded ESA in WRAG for his mental health issues. On the ESA50 he completed this year he didn't really identify most of his mental health problems (although he did answer 'frequently' to Q17 about behaving appropriately) which I think was due to physical problems being main concern at the time. He did talk about it at the assessment though. If the decision about the award is based on the evidence on the day as we were told and didn't look at previous assessment, why is his previous year's medical assessment included in the pack? Is there any point in referring to it?
For a lot of the questions about physical activity he put 'it varies' in his response but on the day the assessor kept pushing the point about a 'typical day' which there isn't. So we will challenge some of the assumptions. Since the assessment, his condition has worsened in that he has problems most of the time rather than it varying. Is it ok to bring in information about the changes since the assessment and will it be considered? We are trying to get a report from the GP about this to support it too.
Many thanks for any advice you can give
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7 years 11 months ago #158593 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Appeal
KG55
Whilst it is very rare for the assessor or Decision Maker to refer to previous assessments reports and evidence, they are allowed to do so if they believe it to be reasonable.
If this report contains information that is not supportive of your ex's current issues then you do need to consider tackling them in your response, although this could just be a case of stating that the report is no longer applicable.
It's important when talking about a varying condition that you identify how it changes and for what period, as a general guide you need to detail how he is when he is at his worst, how he is for the majority of the time and how is at his best and for each of these how much of the day or the week he is affected in that way.
Whilst you can detail any changes in his condition that have occurred since the Decision was made, these changes cannot be considered as part of an MR or appeal, only how he was affected at the time that the Decision was made.
Gordon
Whilst it is very rare for the assessor or Decision Maker to refer to previous assessments reports and evidence, they are allowed to do so if they believe it to be reasonable.
If this report contains information that is not supportive of your ex's current issues then you do need to consider tackling them in your response, although this could just be a case of stating that the report is no longer applicable.
It's important when talking about a varying condition that you identify how it changes and for what period, as a general guide you need to detail how he is when he is at his worst, how he is for the majority of the time and how is at his best and for each of these how much of the day or the week he is affected in that way.
Whilst you can detail any changes in his condition that have occurred since the Decision was made, these changes cannot be considered as part of an MR or appeal, only how he was affected at the time that the Decision was made.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 11 months ago #159183 by KG55
Replied by KG55 on topic ESA Appeal
Thank you Gordon. Does it matter that he didn't mention the mental health issues much on the ESA50 but did in the face to face assessment. Should we explain why he didn't raise it on the form or just leave it and refer to the discussion at the face to face?
Many thanks for your help
Many thanks for your help
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7 years 11 months ago #159230 by Gordon
Yes you need to explain why you are adding new information or changing the weight with which existing information is viewed.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Appeal
KG55 wrote: Thank you Gordon. Does it matter that he didn't mention the mental health issues much on the ESA50 but did in the face to face assessment. Should we explain why he didn't raise it on the form or just leave it and refer to the discussion at the face to face?
Many thanks for your help
Yes you need to explain why you are adding new information or changing the weight with which existing information is viewed.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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