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Esa work related review
- Cherylstock
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6 years 9 months ago #217477 by Cherylstock
Esa work related review was created by Cherylstock
Hi
I've just had my Esa work related interview the lady was very nice to me i suffer from panic attacks I have mental health issues and osteoarthritis in my hips and a lung condition the letter came back from the employment support yesterday Friday and says I've only received 6 points to which I'm a lot worse then I was 2 years ago when I first went on it I have osteoarthritis in my neck as well the lady said I gave her eye contact which I didn't all I did was cry and she said everything will be fine then she asked me what do I do if somebody knocks on my door I told her I do not answer the door to anybody unless it's my family which they informed me that they are coming she lied in the letter saying I answer the door and to cold callers and then said I could raise my arms so I can do a job where I can raise my arms which is impossible as I have arthritis in my neck and shoulders and I couldn't sit at a desk because I have osteoarthritis in my hips and I couldn't sit in an office because I have panic attacks when I'm around people I really don't know what to do can anybody give me some advice please
I've just had my Esa work related interview the lady was very nice to me i suffer from panic attacks I have mental health issues and osteoarthritis in my hips and a lung condition the letter came back from the employment support yesterday Friday and says I've only received 6 points to which I'm a lot worse then I was 2 years ago when I first went on it I have osteoarthritis in my neck as well the lady said I gave her eye contact which I didn't all I did was cry and she said everything will be fine then she asked me what do I do if somebody knocks on my door I told her I do not answer the door to anybody unless it's my family which they informed me that they are coming she lied in the letter saying I answer the door and to cold callers and then said I could raise my arms so I can do a job where I can raise my arms which is impossible as I have arthritis in my neck and shoulders and I couldn't sit at a desk because I have osteoarthritis in my hips and I couldn't sit in an office because I have panic attacks when I'm around people I really don't know what to do can anybody give me some advice please
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- Gordon
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6 years 9 months ago #217493 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Esa work related review
FSO
I would have a good read of our ESA Claim guides to understand the criteria you need for an award and then consider requesting 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, the ESA area also has 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 (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
I would have a good read of our ESA Claim guides to understand the criteria you need for an award and then consider requesting 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, the ESA area also has 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 (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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