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MR appeal against no points on ESA medical assessm
- Gaia
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9 years 2 weeks ago #158551 by Gaia
MR appeal against no points on ESA medical assessm was created by Gaia
I have been given no pointsand told to sign on for JSA but have spoken to my GP and she ghadhas given me a med cert to send in to DWP saying I am not fit for work. I asked for an MR on Thursday. What do I do now? Am I still to sign on for JSA for now.
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- Gordon
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9 years 2 weeks ago #158583 by Gordon
There is no legal requirement for you to claim JSA however you cannot claim any other benefit at this time so if you need the income then you will have no choice.
If you make a claim for JSA then do not present the Fit Note until after your claim has been accepted and you should be excused up to 13 weeks from any Job Search requirement.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA MR & Appeal guide for details of the process and template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/esa1
You should contact the DWP for a copy of the assessment report, ask for the ESA85, if you have not already done so, I would phone them but again follow up the request in writing. 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 and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic MR appeal against no points on ESA medical assessm
Gaia wrote: I have been given no pointsand told to sign on for JSA but have spoken to my GP and she ghadhas given me a med cert to send in to DWP saying I am not fit for work. I asked for an MR on Thursday. What do I do now? Am I still to sign on for JSA for now.
There is no legal requirement for you to claim JSA however you cannot claim any other benefit at this time so if you need the income then you will have no choice.
If you make a claim for JSA then do not present the Fit Note until after your claim has been accepted and you should be excused up to 13 weeks from any Job Search requirement.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA MR & Appeal guide for details of the process and template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/esa1
You should contact the DWP for a copy of the assessment report, ask for the ESA85, if you have not already done so, I would phone them but again follow up the request in writing. 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 and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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