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Help with esa
- Amanda w
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6 years 11 months ago #190198 by Amanda w
Help with esa was created by Amanda w
I had my medical for esa. Received my points. Coming back as 0 reward. Requested report the registered nurse made. Totally bull s!!!. Made up her own answers. Ignoring what I had said. So the decision maker made up more bull s!!!. No mention about how far I could walk . Or how long I could sit at a work station..Also telling me to get a wheel chair from nhs. Disgusting! Also I can propel myself around in one. I have a fused right wrist and bone removal from thumb joint. So my strength in that hand is reduced. So I would be going around in a circle.I don't know how these people sleep at night, because I can't.
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- Gordon
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6 years 11 months ago #190221 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Help with esa
Amanda
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
Some quick points about the ESA activities.
AS you have found, the ESA Moving Around test also considers your ability to self-propel a manual wheelchair, if you did not explicitly state that you cannot do this, then it is likely that those assessing you have assumed that you can, even if you mentioned your wrist problems.
The Standing and Sitting activity looks at your ability to remain at a workstation, you can move from a seated position to standing and back again as many times as you need, but the clock will only stop when you need to move away from the workstations. So if you have only detailed problems with sitting or you did not explicitly state that you would need to move away then this may be why you have not score points.
Both of these are explained in more detail in the ESA Claim guides.
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
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
Some quick points about the ESA activities.
AS you have found, the ESA Moving Around test also considers your ability to self-propel a manual wheelchair, if you did not explicitly state that you cannot do this, then it is likely that those assessing you have assumed that you can, even if you mentioned your wrist problems.
The Standing and Sitting activity looks at your ability to remain at a workstation, you can move from a seated position to standing and back again as many times as you need, but the clock will only stop when you need to move away from the workstations. So if you have only detailed problems with sitting or you did not explicitly state that you would need to move away then this may be why you have not score points.
Both of these are explained in more detail in the ESA Claim guides.
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
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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