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ESA Re-Assesment
- JB39
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6 years 1 month ago #228504 by JB39
ESA Re-Assesment was created by JB39
Hi all,
I have been in receipt of ESA for a number of years. I have had a re-assessment and attended an assessment centre. I scored 9 points.
I have mobility issues and depression.
I am at the stage where I have asked my GP to write for me to provide further evidence on the areas in which they failed me on.
It was noted that I could mobilise in a manual wheelchair up to 200 meters, despite having issues with both my hands and (unable to sit for 30 minutes which they scored me 9 points)
Previously, I applied for ESA and was refused for the exact same. Went to tribunal and won.
In the HCP report it contains a load of errors....It is stated that I declined to have a lower limb examination and refused to do xyz....All lies
I am in the process of submitting a Mandatory reconsideration request once my GP has the letter written. I understand I have one month to do this from their decision letter. The decision maker gave me their reasons for refusal ESA.
My questions are:
Am I right in thinking that I need to demonstrate that I do meet the criteria for the areas in which they failed me on?
Do I inform the DWP that the report contains errors (at this stage MR) or do I wait and find the outcome of the MR and then bring it up at the appeal stage?
Previously, the tribunal panel stated that they found it worryingly that It was suggested I could use a wheelchair and self propel given that I cant sit for more than 30 mins and problems with my hands. Should I mention this in the MR or wait until the outcome?
I will not be claiming UC during the MR process. If the MR goes against me, I will send in fit notes and ask to have ESA backdated to their decision date where they stopped my benefit. I believe they will pay the assessment rate until I have an appeal hearing.
Can I complain about all the errors and lies? and tho whom?
Thanks for any help you can offer.
I have been in receipt of ESA for a number of years. I have had a re-assessment and attended an assessment centre. I scored 9 points.
I have mobility issues and depression.
I am at the stage where I have asked my GP to write for me to provide further evidence on the areas in which they failed me on.
It was noted that I could mobilise in a manual wheelchair up to 200 meters, despite having issues with both my hands and (unable to sit for 30 minutes which they scored me 9 points)
Previously, I applied for ESA and was refused for the exact same. Went to tribunal and won.
In the HCP report it contains a load of errors....It is stated that I declined to have a lower limb examination and refused to do xyz....All lies
I am in the process of submitting a Mandatory reconsideration request once my GP has the letter written. I understand I have one month to do this from their decision letter. The decision maker gave me their reasons for refusal ESA.
My questions are:
Am I right in thinking that I need to demonstrate that I do meet the criteria for the areas in which they failed me on?
Do I inform the DWP that the report contains errors (at this stage MR) or do I wait and find the outcome of the MR and then bring it up at the appeal stage?
Previously, the tribunal panel stated that they found it worryingly that It was suggested I could use a wheelchair and self propel given that I cant sit for more than 30 mins and problems with my hands. Should I mention this in the MR or wait until the outcome?
I will not be claiming UC during the MR process. If the MR goes against me, I will send in fit notes and ask to have ESA backdated to their decision date where they stopped my benefit. I believe they will pay the assessment rate until I have an appeal hearing.
Can I complain about all the errors and lies? and tho whom?
Thanks for any help you can offer.
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- Gordon
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6 years 1 month ago #228550 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Re-Assesment
JB
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
Yes, if you cannot self-propel a wheelchair then you need to explain why this is the case. I would concentrate on your hand problems rather than the seating unless the time that you can remain seated is significantly less the 30 minutes that you state in your post, someone able to wheel themselves would exceed the 200m many times over in that time.
If there are factual errors in the report then you should mention but try and do so by reference to your evidence rather than simply arguing them head-on.
If you have a statement from your previous Tribunal that mentions your problems with your hands then I would include it with your MR.
Have a look at our ESA section there is a guide to the MR and Appeal processes and sample letters that you can use to make your MR request in the Submission document.
www.benefitsandwork.co.uk/help-for-claimants/esa1
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
Yes, if you cannot self-propel a wheelchair then you need to explain why this is the case. I would concentrate on your hand problems rather than the seating unless the time that you can remain seated is significantly less the 30 minutes that you state in your post, someone able to wheel themselves would exceed the 200m many times over in that time.
If there are factual errors in the report then you should mention but try and do so by reference to your evidence rather than simply arguing them head-on.
If you have a statement from your previous Tribunal that mentions your problems with your hands then I would include it with your MR.
Have a look at our ESA section there is a guide to the MR and Appeal processes and sample letters that you can use to make your MR request in the Submission document.
www.benefitsandwork.co.uk/help-for-claimants/esa1
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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