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ESA success and a query

5 years 8 months ago #220198 by EDM
ESA success and a query was created by EDM
After applying for ESA (CB) in August 2017 I’ve finally been awarded the support group. I had to wait 11 months for my face to face and didn’t hear anything after that apart from getting a letter asking me to update what my works pension amount is. I sent them the details.

I phoned up and seemingly they forgot to send me out the letter in August telling me the DM had put me in the support group!! They also didn’t act on the figures I sent them for my pension. I finally got it sorted out by getting a call back. Although the woman I spoke to was very nice, she said my income was over the amount which would give me any ESA. Because of your advice I knew this wasn’t true and I should be receiving a reduced amount. Three times she repeated this, with me questioning it each time. She then said she would run it through the computer and again it came out as zero. I insisted she work it out and she quickly realised I was correct! If I hadn’t persevered I would have ended up with nothing! I can see many other people not realisingor giving up when told the incorrect information. I am now getting some money, as my pension does reduce the ESA as I thought. I also got £2000 in back pay. I’m hugely relieved it has worked out well. Thanks for your guides and also the support you give on the forum.

The question I wanted to ask is related to points for the descriptors. I requested my medical report. The DM has put that I meet appropriate descriptors in schedule 2 and therefore have LCW. It then says that one or more of the schedule 3 descriptors are met and I have LCWRA under regulation 34. However all the descriptors in part 2 have 0 points awarded. The HP states “overall evidence suggests severe disability in the area of mobility” and that the use of aids such as a wheelchair seems unlikely due to my upper limb issues and fatigue. Why are there no points given? I was hoping to use the report when I am reviewed for PIP, but the zero points seems to suggest I have no difficulties.

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5 years 8 months ago #220206 by Gordon
Replied by Gordon on topic ESA success and a query

Well done for arguing your case, congratulations on the award.

I'm afraid it is generally accepted that if a claimant clearly meets the criteria for the Support Group then there is no need for the assessor to go through the rest of the ESA activities, the Moving Around activity is, of course, the first activity that they review.


tags: @RESULT @ESA

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: EDM

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5 years 8 months ago #220210 by EDM
Replied by EDM on topic ESA success and a query
Ah, I see. Thank you Gordon for all your help. I’ve got a year and 5 months now till my next pip assessment comes around, as I’m due a review in 2020 (for a 2021 award). I can relax till then!! Whew!!

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