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If no ESA 50 I’d received by the DWP
- 0124katee
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4 years 2 months ago #244053 by 0124katee
If no ESA 50 I’d received by the DWP was created by 0124katee
Thanks for your previous help. I applied for. A mandatory reconsideration to be considered for the support group for ESA as I was in the work group and reviving just ni credits. I did fill form esa 50 in July, and was asked by dwp why I hadn’t returned it in Aug .. I contacted welfare rights at Ripley who were acting for me and Jake sent a copy that day by recorded post on to them,
In the facts of the case now they have listed that” I returned an esa 50 form . But unfortunately despite an exhaustive search at our remote storage facility there is no trace of the esa 50 . The decision maker apologises for this,”
Surely this is unfair as all my info was in there , but they just struck me off esa completely after a face to face medical.. is this allowable ..? Thanks
In the facts of the case now they have listed that” I returned an esa 50 form . But unfortunately despite an exhaustive search at our remote storage facility there is no trace of the esa 50 . The decision maker apologises for this,”
Surely this is unfair as all my info was in there , but they just struck me off esa completely after a face to face medical.. is this allowable ..? Thanks
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- Gordon
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4 years 2 months ago #244067 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic If no ESA 50 I’d received by the DWP
Katee
You should contact the DWP and ask why the ESA50 was not used when a second copy was provided.
Failing that you will need to request another Mandatory Reconsideration, this should be done in writing to the DWP, within one month of the Decision, to the office that deals with her 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 she meets the criteria for the SG, there are many reasons she 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 she walked 50m, she did but they have failed to document that she 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
You should contact the DWP and ask why the ESA50 was not used when a second copy was provided.
Failing that you will need to request another Mandatory Reconsideration, this should be done in writing to the DWP, within one month of the Decision, to the office that deals with her 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 she meets the criteria for the SG, there are many reasons she 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 she walked 50m, she did but they have failed to document that she 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
The following user(s) said Thank You: 0124katee
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