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New Member - Deaf ESA Appeal Help needed
- Nickjb
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8 years 2 weeks ago #156704 by Nickjb
New Member - Deaf ESA Appeal Help needed was created by Nickjb
Hi there
I was for 3 years in ESA Support group but at a recent reassessment have lost my ESA and told do not have Limited work capacity. Mandatory Reconsideration turned down - totally ignored my diary evidence, GP and Audiology reports citing my deafness and how it affects me on a day to day basis. Just regurgitated the points of the expert disability assessor. Currently lodging an appeal - any help or advice much appreciated. Best point on MR decision letter (apart from loads of typos!!) was I presented good rapport and eye contact - I lipread for goodness sake - without looking at people I cannot hear at all!!!! I also have anxiety and depression but this was totally ignored! Thanks in advance for any help!
I was for 3 years in ESA Support group but at a recent reassessment have lost my ESA and told do not have Limited work capacity. Mandatory Reconsideration turned down - totally ignored my diary evidence, GP and Audiology reports citing my deafness and how it affects me on a day to day basis. Just regurgitated the points of the expert disability assessor. Currently lodging an appeal - any help or advice much appreciated. Best point on MR decision letter (apart from loads of typos!!) was I presented good rapport and eye contact - I lipread for goodness sake - without looking at people I cannot hear at all!!!! I also have anxiety and depression but this was totally ignored! Thanks in advance for any help!
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8 years 2 weeks ago - 8 years 2 weeks ago #156705 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic New Member - Deaf ESA Appeal Help needed
N
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
ESA has very specific criteria that have to be met for an award, do you know why you were placed in the Support Group last time?
For example only activity (7) Communicating – hearing and reading deals with your deafness directly and if you can lip read from a stranger you might not score any points for this.
I would start by going through our ESA Claim guides on the following link
www.benefitsandwork.co.uk/help-for-claimants/esa1
To see which of the Descriptors you meet.
As your MR has been refused your only way forward is to appeal the Decision. Have a look at our ESA Appeal guide for how to do this, it has a link to the form that you will need to complete and instructions on how to complete it/
Have you requested a copy of the assessment report from the DWP? If not then you need to ask for your ESA85, you can either write to the office that dealt with your claim, or get someone to call on your behalf although you will need to be present to answer any security questions and authorise the call.
Once you have any idea of where you would expect to score points we can try and provide more information.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
ESA has very specific criteria that have to be met for an award, do you know why you were placed in the Support Group last time?
For example only activity (7) Communicating – hearing and reading deals with your deafness directly and if you can lip read from a stranger you might not score any points for this.
I would start by going through our ESA Claim guides on the following link
www.benefitsandwork.co.uk/help-for-claimants/esa1
To see which of the Descriptors you meet.
As your MR has been refused your only way forward is to appeal the Decision. Have a look at our ESA Appeal guide for how to do this, it has a link to the form that you will need to complete and instructions on how to complete it/
Have you requested a copy of the assessment report from the DWP? If not then you need to ask for your ESA85, you can either write to the office that dealt with your claim, or get someone to call on your behalf although you will need to be present to answer any security questions and authorise the call.
Once you have any idea of where you would expect to score points we can try and provide more information.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 2 weeks ago by Gordon.
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- Nickjb
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8 years 2 weeks ago #156710 by Nickjb
Replied by Nickjb on topic New Member - Deaf ESA Appeal Help needed
Thank you so much - Yes I have been spending a few hours navigating the site - very very helpful and I already feel I have ammunition to challenge their decision - ie how I DO meet the descriptors but any other advice is helpful. I will be requesting all the info this week and then applying for all the information. I think the bottom line is they say I can lipread a stranger - end of but I said in my application form, assessment and in MR paperwork this is not always the case and more than not I find it hard to lipread strangers and I feel this is the crux of my appeal proving to them I struggle with this. I think 3 years ago when I went I had to see a DR then as its deafness from birth they put it down as neurological issue - this time I saw a very young physiotherapist.... I feel I can pick their argument apart though any help and someone to check my argument would be very helpful. I have drafted my reasons for appeal and am going to try to link them to the descriptors they scored me 0 points on before I send it off.
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- Nickjb
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8 years 1 week ago #156736 by Nickjb
Replied by Nickjb on topic New Member - Deaf ESA Appeal Help needed
Hi Gordon thanks for this info = I did reply last night but it would appear my reply didnt post up?
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8 years 1 week ago #156745 by Gordon
All posts are moderated before they appear in the forum and the Mods are only online at certain times of the day.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic New Member - Deaf ESA Appeal Help needed
Nickjb wrote: Hi Gordon thanks for this info = I did reply last night but it would appear my reply didnt post up?
All posts are moderated before they appear in the forum and the Mods are only online at certain times of the day.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 1 week ago #156795 by Nickjb
Replied by Nickjb on topic New Member - Deaf ESA Appeal Help needed
Thanks Gordon - I am still learning how to navigate this forum lol!
Despite feeling very positive yesterday, reading the MR again today and the reasons they turned me down I just feel an overwhelming sense of dread and negativity now - I would never claim for something I dont deserve and if anything I have struggled for years well actually all my life instead of asking for help but really feel today like drawing a line in the sand - not sure if the energy to fight a system and beg them to see how hard I find everyday life. Sorry for the negativity - need a pep talk lol!
Despite feeling very positive yesterday, reading the MR again today and the reasons they turned me down I just feel an overwhelming sense of dread and negativity now - I would never claim for something I dont deserve and if anything I have struggled for years well actually all my life instead of asking for help but really feel today like drawing a line in the sand - not sure if the energy to fight a system and beg them to see how hard I find everyday life. Sorry for the negativity - need a pep talk lol!
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