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Awaiting Result of Assessment
- Zinny
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5 years 11 months ago #231498 by Zinny
Replied by Zinny on topic Awaiting Result of Assessment
Thanks Gordon - to clarify - after Mandatory Reconsideration are we given choice of Oral or Paper Appeal or given no choice and just have to accept what they give us - or alternatively can we do both by first applying for a Paper Appeal and if we lose go onto do an Oral Appeal?
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5 years 11 months ago - 5 years 11 months ago #231504 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Awaiting Result of Assessment
As I said, it's your family member's choice
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 5 years 11 months ago by Gordon.
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5 years 11 months ago #231644 by Zinny
Replied by Zinny on topic Awaiting Result of Assessment
Thank you. Can we choose to Appeal with a Paper based hearing - then if that fails can we go for an Oral Appeal. I think this would be best but can we do that? I do not mean switch and change our mind, but first do Paper and then after that do Oral.
Also if we get letter re recent Assessment saying ESA is withdrawn will it give details of points scored?
Previous Assessments have taken over an hour. This was done in 25 minutes as they were running late and very few questions were asked. We will mention this if Reconsideration is necessary.
Also if we get letter re recent Assessment saying ESA is withdrawn will it give details of points scored?
Previous Assessments have taken over an hour. This was done in 25 minutes as they were running late and very few questions were asked. We will mention this if Reconsideration is necessary.
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5 years 11 months ago #231655 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Awaiting Result of Assessment
Zonky
No, it's a Paper appeal or an Oral one, not both.
If the ESA claim fails then the Decision Letter will explain why and also explain any points that were scored, you can also request a copy of the assessment report (ESA85) once the Decision is published by contacting the DWP office dealing with the claim.
Gordon
No, it's a Paper appeal or an Oral one, not both.
If the ESA claim fails then the Decision Letter will explain why and also explain any points that were scored, you can also request a copy of the assessment report (ESA85) once the Decision is published by contacting the DWP office dealing with the claim.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 11 months ago - 5 years 11 months ago #231656 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Awaiting Result of Assessment
Hi Zonky
No, you cannot go for a paper hearing and if that fails, then go for an oral hearing. If you have a paper hearing you will need to make sure you enclose all the medical evidence and support documents you have, as the tribunal are unable to ask you any question, it is purely based on what is in the papers and supporting documents you send in. If the paper hearing is unsuccessful then next step would be to request statement of reasons within one month of decision letter.
Yes you should get details of how they reached their decision, don't be surprised if you are awarded zero points on all the descriptors.
Gary
No, you cannot go for a paper hearing and if that fails, then go for an oral hearing. If you have a paper hearing you will need to make sure you enclose all the medical evidence and support documents you have, as the tribunal are unable to ask you any question, it is purely based on what is in the papers and supporting documents you send in. If the paper hearing is unsuccessful then next step would be to request statement of reasons within one month of decision letter.
Yes you should get details of how they reached their decision, don't be surprised if you are awarded zero points on all the descriptors.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 5 years 11 months ago by Gary.
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5 years 11 months ago #231915 by Zinny
Replied by Zinny on topic Awaiting Result of Assessment
Thank you Gordon and Gary. Gary - why do you say that if Paper appeal is unsuccessful we should request within a month a Statement of Reasons?
First, if we cannot appeal any further, how does that Statement help us? Do you mean we can start a new claim for ESA?
Secondly , if instead we do an Oral appeal should we also ask for a Statement of Reasons?
Thirdly - is there a high success rate for Paper Appeals?
Lastly I need to explain that I am in my late 80's and if my family member loses ESA following the assessment I know we will find the appeals procedure very difficult. We have nobody else to assist. I am the carer. But we will do it.
The assessment was very rushed and I am very conscious that I did not provide information that I could have done and afterwards realised this is due to me ageing. The family member also always wants to appear better than they are - which I understand. This system is designed to humiliate sick and disabled people. Have you any suggestion of organisations that might help us - not Citizens Advice. Thank you.
First, if we cannot appeal any further, how does that Statement help us? Do you mean we can start a new claim for ESA?
Secondly , if instead we do an Oral appeal should we also ask for a Statement of Reasons?
Thirdly - is there a high success rate for Paper Appeals?
Lastly I need to explain that I am in my late 80's and if my family member loses ESA following the assessment I know we will find the appeals procedure very difficult. We have nobody else to assist. I am the carer. But we will do it.
The assessment was very rushed and I am very conscious that I did not provide information that I could have done and afterwards realised this is due to me ageing. The family member also always wants to appear better than they are - which I understand. This system is designed to humiliate sick and disabled people. Have you any suggestion of organisations that might help us - not Citizens Advice. Thank you.
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