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ESA Evidence?

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8 years 1 day ago #157943 by Silver Avocado
ESA Evidence? was created by Silver Avocado
Hi, thank you for any help you can offer.

I am trying to collect a pack of evidence to go with my ESA Mandatory consideration, and am starting to wonder what counts as evidence, and what I should write in a letter explaining why I want to be reconsidered.

The decision-makers report contains some things that are not true, for example that I said I can easily make hot drinks and move around my home. I understand it isn't a good idea to write in my letter just a contradiction of these? Is there anything I can do to query specific untrue statements like this?

But also what kind of evidence is worth including? I am hoping to get letters from a couple of doctors, but I don't know exactly what they will write or how much they will bother with.

I also have a report written by a social worker assessing me for direct payments for a carer that has several specific points that contradict the report about how I move around the house and do basic care, etc. But this is like 20 pages long with weird spacing and lots of wasted space. I was thinking of including the whole thing with highlights and pages marked for the important bits. Is this going to work?

In my interview I foolishly mentioned that I attend a pottery class. This has been included at several points in my decision makers report as evidence that I can walk, take journeys, plan and complete tasks, etc, etc. But this is something that I find easier than any other activity I try to do and I really don't know why. I very often miss the class because I am unwell, and have had a lot of times when I miss it for months at a time. I've only recently started attending when I can as part of CBT to help me get out and about more. Is it worth asking the instructor to write a letter explaining I am a rare attender? Obviously he is not doctor or anything like that. How is the best way to word such a letter?

Thank you so much for any advice you can give, I am finding it hard to get guidance about exactly what to include when I send off the mandatory consideration material.

Louise

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8 years 1 day ago - 8 years 1 day ago #157950 by Gordon
Replied by Gordon on topic ESA Evidence?
Silver Avocado

Broadly the evidence you need will fall into three categories;

- Ideally you want evidence that directly addresses the ESA Descriptors that you believe you should meet, as an example; a report stating that you have Osteoarthritis and due to joint crumbling in your hips and knees your walking is limited to less than 10m and you are in severe pain when doing so.

- Secondly, evidence that supports your meeting the ESA Descriptors by implication, for example; the patient exhibits severe OCD that affects all aspects of their daily life, needing to repeat rituals multiple times and only able to perform tasks when their exacting standards have been met.

Lastly - Letters diagnosing conditions that you believe lead to your limitations.

The Carer Report may be of use, but you do need to consider how closely it deals with issues that will score you points, if you do submit a copy then I would I would highlight relevant sections and create a covering letter to index each of these.

Have you spoken to your GP? The DWP will not now contact them for information, would they be willing to provide support?

You can access your medical records at your GP practice.

Requesting your medical records

Charging for medical records

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 1 day ago by Gordon.

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8 years 15 hours ago #157996 by Silver Avocado
Replied by Silver Avocado on topic ESA Evidence?
Gordon,

Thank you very much for these very useful comments. I am following up my GP and two other specialists in the hope I can get a few examples of those 3 types.

The bits I feel more concerned about are any extras. For example I'm worried this issue of the pottery class is going to dominate any decision and that its giving a disproportionately bad impression.

Am I wrong to be focusing so much on that and the doctor's evidence is far more important?

Also I'm not going to see my doctor until the week, I'm wondering if he will just offer me a sick note (as I've had many times before), rather than being willing to comment on the descriptors. Is a sick note useless at this point?

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7 years 11 months ago #158069 by Gordon
Replied by Gordon on topic ESA Evidence?
Silver Avocado

You'll only receive an award by showing that you meet the criteria for one, but that does not mean that you should leave issues such as your pottery class unanswered.

I'm afraid a Fit Note is of no value in regard an MR, they may say that the DWP will contact them if they want more information, this will not now happen, so it's up to them to support you.

Gordon

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

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