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EAS Taken out of support group after assessment MR

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5 years 5 months ago #222298 by alesypalsy
HI,
I was posting about my PIP assessment recently which is on another thread , so it was getting confusing, so I am posting here about my recent ESA Assessment,
I was assessed by the DWP end of sept and the assessment left a lot of information out , anyway the assessor said I was not at all mentally well but said I should go into the WRAG which I then asked for a MR for as this is not good for my state,
I went to dial and they wrote a letter on my behalf explaining my condition a bit more and also that the assessor has made significant errors with my summary, also added a Drs letter explaining that I cannot mix with people as I have major mental anxiety and am diagnosed with paranoid personality disorder and in 1997 I had a physiatrist diagnose me with schizophrenia ,

So now I am kind of disappointed I had gone to dial as I am finding that I should of directly mentioned a quote which i found here which states a descriptor number 13 ,coping with social engagement due to cognitive impairment or mental disorder. and also the next number 14..which alone is enough to have me in the support group

anyway it seems to late to get through to the people at DWP they have made their design which is against my Gps advice , and I now am going to appeal, I wish I had directed the decision maker to these sections of their own rules but I kind of thought dial were helping me and knew what to write on my behalf,

so I am going to appeal this design and go to a tribunal which I have 28 days to do,
please could you advise me the best way of going about what I should do, its quite clear that I cannot mix with people and have nervous disposition so going to be a night mare to go to court but at least the judge will see for himself my condition , I am back on medication an anti depressant anxiety pill,
My condition has been ignored by the very people whom are supposed to help us.

please direct me on my options on what the process of appeal is, Is it better that I write everything up and give that in before I actually go to there or am I supposed to talk to them? I believe the DWP actually are bullies and know with my condition that I am going to find it really hard to actually face these people but I also think that they should not be allowed to get away with this stuff
please advise

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5 years 5 months ago - 5 years 5 months ago #222311 by Gordon
The PIP ESA Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.

Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2 ESA50, the assessment report and the PIP ESA Claim guide to see how you might show this is the case.

You can opt for an Oral hearing that you attend or Paper one that you don't, I would opt for the former for the moment, you can always change your mind at a later date.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 5 years 5 months ago by Gordon.
The following user(s) said Thank You: alesypalsy

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5 years 5 months ago #222315 by alesypalsy
Thank you for reply gordon , this is about an appeal for getting back into the support group with my ESA,,
I am awaiting first design about my pip witch was my other post,,

the MR was refused for my ESA sport group so I want to appeal it,

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5 years 5 months ago #222319 by Gordon
alesypalsy

Sorry, just substitute for ESA for PIP and ESA50 for PIP2, the process is no different.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 5 months ago #222320 by alesypalsy
Question,, I received the assessors report from my Face to face assessment in ESA interrogation,

but it has no mention of any points or what I have scored? is there another paper I am supposed to have or that I should ask for?

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5 years 5 months ago - 5 years 5 months ago #222323 by Gordon
A

Yes, it should, the ESA85 should list the Descriptor selected for each activity and there should be a summary at the end sating whether Limited Capability for Work or Limited Capability for Work Related Activity.

If you have a look at the WCA Handbook, there is a copy in the ESA section then the sections starting from 3.2.2 have the codes that they use.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 5 years 5 months ago by Gordon.
The following user(s) said Thank You: alesypalsy

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