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ESA appeal questions

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8 years 1 week ago #157892 by Nickjb
Replied by Nickjb on topic ESA appeal questions
Lovely thanks Gordon - I have looked very carefully at the descriptors and feel I meet the criteria of 7a and will try my best to demonstrate this through detailed real life examples. The difficulty I have is my deafness is not necessarily obvious to people initially - it has taken alot out of me mental health wise over the past 2 decades trying to live up to the expectations of myself by pretending to hear better but this has cost me dearly mental health wise with 2 breakdowns and years of anxiety and depression. I can only tell my story of how it is to live my life and the difficulties I face and the bottom line is I hear very little for the MAJORITY of the time so I need to explain this to them.
Thank you for your continued support.
N

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8 years 5 days ago #158096 by Nickjb
Replied by Nickjb on topic ESA appeal questions
Having read some negative experiences of others on here can I ask a question please - in my ESA I was assessed by a Physio - she had the form I completed in front of her but didnt elaborate or ask any questions about my statements just went through computer stuff - cant remember well because I was so upset and cried throughout it. But given my form was all about the problems I have with my hearing - should she have elaborated on this and asked me more specific questions on the problems I have because of my hearing rather than appear to tick boxes or whatever she was doing. As time goes on I feel she didnt explore or elaborate on my issues and application for ESA - and in her report noted I am fine which I clearly disagree with as I am appealing but keen to know what 'should have happened' in assessment - it was Capita by the way. Thanks

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8 years 5 days ago #158120 by Gordon
Replied by Gordon on topic ESA appeal questions
Nickjb

Unless you can show clear instances where the assessors lack of knowledge resulted in their adequately exploring your ability to complete an activity or that it resulted in you not scoring points where someone with training in a relevant area would have, then I would steer clear of "attacking" the assessor.

The default position of both the DWP and the appeal panel is that the assessor has received appropriate training to allow then to adequately assess all aspects of a claimants problems in regard to the PIP activities.

So if, as an example; the assessor has said that you have no problems with your hearing, despite you providing medical evidence that you do, or they have stated that your hearing problems would not lead to issue "A" where an assessor with experience in hearing problems would actually assume problems with "A", then I would agree that you should raise it as an issue.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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8 years 5 days ago #158147 by Nickjb
Replied by Nickjb on topic ESA appeal questions
Thanks Gordon - the point I was trying to make sorry if not clear was the format for ESA assessment - ie should it have been based on my questionnaire rather than my ability to do the physical tasks like lifting, walking, etc. My recollection is she asked me to tell her about my day - what do I do.....asked me if I can cook food etc - I am just wondering (may be wrong here so hence asking for your expertise) should my assessment have been more focussed on my hearing issues as per my application form since I ticked no for all irrelevant boxes - ie physical tasks since I have no issues with these.

Main points of her reference to my hearing in report was I lipread, issues if SOME background noise, coped really well and very good understanding....plus I can talk to strangers in the street as I lipread and drive my son to school ( I said I wont go to unfamiliar places alone because of my anxiety etc). Ignored the variables which mean lipreading is not an effective communication method for me the majority of the time - as per previous posts.....but I am just wondering here - was her assessment of my declared disabilities detailed enough from what she asked me.

thanks

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8 years 5 days ago #158166 by Gordon
Replied by Gordon on topic ESA appeal questions
Nickjb

Whilst most ESA assessments follow a common script there is no prescribed format so you cannot argue that is was deficient in general terms, only in specific ones.

I know we keep going on about this but there is no presumption that a claimant meets the criteria for an award, all that is achieved by showing that the assessment was inadequate would be an agreement that a new one needs to de done, not that a new one would actually be scheduled.

Gordon

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8 years 5 days ago #158170 by Nickjb
Replied by Nickjb on topic ESA appeal questions
Thanks I agree I was not automatically assuming I should get the award - I would not apply if I didnt have genuine long term and severe difficulties that make work difficult, as well as also meeting the criteria for the benefit in terms of descriptors etc. Thank you.

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