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TOPIC: ESA Decision: should points awarded be set out?

ESA Decision: should points awarded be set out? 2 months 1 week ago #218592

I was previously in the support group.

Following my completing an ESA 50 and attending a health assessment, I received a letter dated 11 September informing me that the amount of money I receive would be changing because I was moving to the WRAG. This appeared to me to be a decision about money rather than a decision about the application for ESA. So I was waiting for a decision letter. None arrived so I called DWP and asked for one. They said they would said a decision letter and a statement of reasons.

They sent me a letter dated 21 September which enclosed a medical report and I have two questions about these:

First, the letter states "the reason for our decision" and gives the total number of points I got. But it doesn't say what I got the points for. Am I wrong to expect to have the points gained set out against the relevant descriptor?

Second, the medical report states under one of the descriptors "none of the above apply". However, my application form and the letter I submitted from consultant treating me suggested that the descriptor applied. I was thinking that even if the report did not agree with my application form and medical evidence submitted, it would still have to make some sort of entry justifying the conclusion that it did not apply. Or can they just ignore such evidence when coming to a conclusion?

Thanks

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ESA Decision: should points awarded be set out? 2 months 1 week ago #218626

  • Gordon
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Larry

ESA Decision Letters do not include the reasons for an award when one is made, your best bet for understanding how the Decision was made is the assessment report.

You say that the report says "none of the above apply", is this for the ESA Descriptors? Did you qualify through the Substantial Risk Regulations?

Do you know how you qualified for the SG previously?

Gordon
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ESA Decision: should points awarded be set out? 2 months 1 week ago #218662

Sorry, Gordon. I have failed to make myself clear.

In the report, under one of the activities (initiating and completing personal action), it is written "none of the above apply". However, I wrote in my application form that I have difficulties with this activity and my consultant wrote a letter (which I submitted with my application form) confirming that I have difficulties with this activity. Accordingly, it seem as if they haven't taken my evidence into account in relation to this specific activity.

Other activities and descriptors were found to apply and I scored 21 points.

I don't know how I previously qualified for the support group, it could have been one or both of two descriptors in my opinion.

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ESA Decision: should points awarded be set out? 2 months 1 week ago #218666

  • Gordon
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Larry

Unless you can show that the following applies

13 (a) Cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions.

then scoring for this activity will just add points to your total and not place you in the SG.

To be placed in the SG you are going to have to show that you meet one or more of the associated Descriptors, have a look at our ESA Claim guides for more details.

www.benefitsandwork.co.uk/help-for-claimants/esa1

Gordon
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ESA Decision: should points awarded be set out? 2 months 1 week ago #218670

Thank you.

Yes, I understand that.

However, I am surprised that the medical report says that this activity doesn't apply when evidence has been submitted which says that it does.

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ESA Decision: should points awarded be set out? 2 months 1 week ago #218672

  • Gordon
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Larry

Are there things that argue against you meeting this criteria? For example; how did you complete the ESA50?

Gordon

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