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Mandatory Reconsideration for ESA
- Caritsa
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5 years 6 months ago #238715 by Caritsa
Mandatory Reconsideration for ESA was created by Caritsa
Hi
My partner has been moved from ESA Support Group to ESA WRAG. He has severe agoraphobia, PTSD and panic/anxiety disorder which also causes dangerously high hypertension spikes that are not controlled by his medication. The Jobcentre Work Coach insists he attends for work related activities despite this and I have had to attend with him as he cannot go alone (this in itself caused a panic attack at the jobcentre and his mental health has deteriorated as he cannot cope with the thought of going out or of changes to his routine). I am helping him to apply for a mandatory reconsideration on the grounds that having to leave the house will cause a risk to his mental/physical health - Reg 35 (2). As of yet, his GP has been resistant in providing a useful medical report. Apart from medications, he is on a long waiting list (maybe a year) for Cognitive Behavioural Therapy and there are no other health professionals involved in his care. So, we do not have much medical evidence.
Do you have any suggestions as to what to include in the Mandatory Reconsideration form that will help please?
My partner has been moved from ESA Support Group to ESA WRAG. He has severe agoraphobia, PTSD and panic/anxiety disorder which also causes dangerously high hypertension spikes that are not controlled by his medication. The Jobcentre Work Coach insists he attends for work related activities despite this and I have had to attend with him as he cannot go alone (this in itself caused a panic attack at the jobcentre and his mental health has deteriorated as he cannot cope with the thought of going out or of changes to his routine). I am helping him to apply for a mandatory reconsideration on the grounds that having to leave the house will cause a risk to his mental/physical health - Reg 35 (2). As of yet, his GP has been resistant in providing a useful medical report. Apart from medications, he is on a long waiting list (maybe a year) for Cognitive Behavioural Therapy and there are no other health professionals involved in his care. So, we do not have much medical evidence.
Do you have any suggestions as to what to include in the Mandatory Reconsideration form that will help please?
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- BIS
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5 years 6 months ago #238718 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Mandatory Reconsideration for ESA
Hi Carista
I don't know what sort of 'report' you are trying to get from the GP. Some are incredibly helpful and others are not - but if you didn't have already, an up to date letter just confirming his condition medical conditions is better than nothing. In some parts of the country, you can refer your self to the local mental health services and the local crisis team. If it's possible - consider doing it. They will not write you a letter, but it shows you are doing everything you can to get him extra help, especially if his health is deteriorating and you can include this in your evidence. I don't know whether you have written a statement at all. If you haven't you should do one. Detail what you know and what you have seen making sure that you reference it to the ESA criteria. People often think witness statements from friends or relatives don't carry any weight, but that is not always the case so you should try.
I assume that you have a statement detailing the decision of why he was moved. You need to counteract anything they missed or they have got wrong. Don't criticise the assessor themselves, there is no point - simply challenge the report showing where you think it is incorrect.
BIS
I don't know what sort of 'report' you are trying to get from the GP. Some are incredibly helpful and others are not - but if you didn't have already, an up to date letter just confirming his condition medical conditions is better than nothing. In some parts of the country, you can refer your self to the local mental health services and the local crisis team. If it's possible - consider doing it. They will not write you a letter, but it shows you are doing everything you can to get him extra help, especially if his health is deteriorating and you can include this in your evidence. I don't know whether you have written a statement at all. If you haven't you should do one. Detail what you know and what you have seen making sure that you reference it to the ESA criteria. People often think witness statements from friends or relatives don't carry any weight, but that is not always the case so you should try.
I assume that you have a statement detailing the decision of why he was moved. You need to counteract anything they missed or they have got wrong. Don't criticise the assessor themselves, there is no point - simply challenge the report showing where you think it is incorrect.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gordon
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5 years 6 months ago #238729 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory Reconsideration for ESA
Caritsa
He cannot be placed in the SG as a direct result of what I assume is Agoraphobia so you might want to concentrate on his other problems more.
Make sure that you understand the criteria for the Substantial Risk Regulations our ESA Claim guides has details of the sort of Work Related Activity that the DWP might suggest that a claimant does.
Gordon
He cannot be placed in the SG as a direct result of what I assume is Agoraphobia so you might want to concentrate on his other problems more.
Make sure that you understand the criteria for the Substantial Risk Regulations our ESA Claim guides has details of the sort of Work Related Activity that the DWP might suggest that a claimant does.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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