Login FormClose

Free, fortnightly PIP, ESA and DLA Updates

Our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare. Our mailing list is securely managed by icontact in the US.
Welcome, Guest
Username: Password:
Remember me
Members

TOPIC: Unknown DWP ;payment Thurs - DWP GB FP LP FUNDI

Unknown DWP ;payment Thurs - DWP GB FP LP FUNDI 1 month 1 week ago #220622

Ok obviously not what I want to hear though that makes sense!
Just seems extremely quick by DWP standards for a decision to have been made.

Please Log in or Create an account to join the conversation.

Unknown DWP ;payment Thurs - DWP GB FP LP FUNDI 1 month 1 week ago #220649

Hi Gordon, just to update, I called them this morning, spent an hour on hold in the meantime wretching feeling physically sick! When I finally got through he told me the payment was because I recently got 'placed in the Work Related Activity Group', and the £229 would be my usual amount from Monday in a couple of weeks time.
He said to wait till I get the letter through the door to decide what I want to do RE Reconsideration.
I will of course ask for it to be looked at again as I believe I should still be in the support group. The assessor as I said in another thread was pretty bloody useless to be frank and I am shocked she is dealing with Mental Health claimants. I had two previous medicals for ESA and have no complaints about the other assessors. So I think I can spot the crap ones now.
Can I ask what happens in the reconsideration process? I now have a letter from my psychotherapist which I have only recently acquired so it was not part of my recent review, shall I send that off when asking for a reconsideration? And will it help?
Thanks

Please Log in or Create an account to join the conversation.

Unknown DWP ;payment Thurs - DWP GB FP LP FUNDI 1 month 1 week ago #220660

  • Gordon
  • Away
  • Posts: 40510
Jay

Glad to here I was wrong.

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your 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 you meet the criteria, there are many reasons you 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 I walked 50m, I did but they have failed to document that I 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

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Unknown DWP ;payment Thurs - DWP GB FP LP FUNDI 1 month 17 hours ago #221060

I received the medical notes,and to my shock they were actually quite close to how the assessment happened. Though there are a few strange inaccuracies such as 'does not suffer side effects from medication' when in fact I do and it's even written down in the esa50 that I do. Also "planning to have psychotherapy in the future",not sure why she said that as I told her I was currently in therapy!
The assessor recommended that I was capable of Work Related Activity but not of full time work.
So perhaps last year the assesor recommended i go in the Support group, I just got unlucky this year! It's a strange way of doing things isn't it?

anyway I am actually worse this year and am on more medication , I am not sure how I prove this in mandatory consideration? Like I said I have my therapist letter where he covers these points. And also confirms he has been working with me for the past few months.

to be honest I have no idea aside with challenging some of the assessors points what am I supposed to write in a covering letter? I am struggling as I am not used to this process.

Please Log in or Create an account to join the conversation.

Unknown DWP ;payment Thurs - DWP GB FP LP FUNDI 1 month 2 hours ago #221086

  • Gordon
  • Away
  • Posts: 40510
Jay

You need to go back to basics and explain the limitations you have with the activities that you expected to score higher for, so go through the assessment report and your ESA50 to make sure that you have done this and either refer to your ESA50 in your MR request or provide a more detailed response.

If you don't agree with the assessor's opinions of your capabilities then explain why but try and do this by reference to your evidence or, undermining the facts on which their opinions are based.

Gordon

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Unknown DWP ;payment Thurs - DWP GB FP LP FUNDI 4 weeks 1 day ago #221139

Gordon wrote: Jay

You need to go back to basics and explain the limitations you have with the activities that you expected to score higher for, so go through the assessment report and your ESA50 to make sure that you have done this and either refer to your ESA50 in your MR request or provide a more detailed response.

If you don't agree with the assessor's opinions of your capabilities then explain why but try and do this by reference to your evidence or, undermining the facts on which their opinions are based.

Gordon


Is it worth mentioning stuff outside of the assesment such as the last time being in the WRAG I was told by several job advisors I should be in the support group, though at that time I did nothing about it

Please Log in or Create an account to join the conversation.

Moderators: bro58GordonMrs HurtybackIzzy1010LisaJenny Clarke