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TOPIC: Advice on ESA assessment decision

Advice on ESA assessment decision 4 months 18 hours ago #232312

Hi,

I received a letter today stating that after attending an ESA assessment a couple of weeks ago I have went to 0 points.

I'm not sure where to go from here, they said they tried to contact me by phone although I never had any missed calls.

I read over the reasons given and it's like the report is about another person. I need some advice where to go from here.

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Advice on ESA assessment decision 4 months 18 hours ago #232318

weirdsciencex

The first stage to challenging a Decision is for you to request a 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
The following user(s) said Thank You: weirdsciencex

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

Advice on ESA assessment decision 3 months 1 week ago #233227

I have since submitted a mandatory reconsideration and received a negative decision back this morning.

I know I want to take it to appeal but I thought I would ask for advice first, I've had no income since the original decision so I want to get it right.

Should I request a postal form or do it online?

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Advice on ESA assessment decision 3 months 1 week ago #233244

weirdsciencex wrote: Should I request a postal form or do it online?


Unless you are in one of the online appeals trial areas then there is no real difference, you are just requesting the appeal, you may need to upload some documents for the latter are you OK with doing this?

Gordon

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

Advice on ESA assessment decision 3 months 1 week ago #233250

  • mrfibrospondodysthmatic
  • Offline
  • Posts: 131
Hi Gordon,

How can one find out whether or not their area falls within the piloting of online appeals.


kind regards.

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Advice on ESA assessment decision 3 months 1 week ago #233290

Yes I'm fine to upload documents and use online, I was concerned if I did fill it online that I would be stuck with a 'digital' hearing rather than appearing before a panel

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