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Unknown DWP ;payment Thurs - DWP GB FP LP FUNDI
- jpg2502
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5 years 5 months ago #220622 by jpg2502
Replied by jpg2502 on topic Unknown DWP ;payment Thurs - DWP GB FP LP FUNDI
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.
Just seems extremely quick by DWP standards for a decision to have been made.
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5 years 5 months ago #220649 by jpg2502
Replied by jpg2502 on topic Unknown DWP ;payment Thurs - DWP GB FP LP FUNDI
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
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
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5 years 5 months ago #220660 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Unknown DWP ;payment Thurs - DWP GB FP LP FUNDI
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
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
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 5 months ago #221060 by jpg2502
Replied by jpg2502 on topic Unknown DWP ;payment Thurs - DWP GB FP LP FUNDI
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.
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.
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5 years 5 months ago #221086 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Unknown DWP ;payment Thurs - DWP GB FP LP FUNDI
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
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
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 5 months ago #221139 by jpg2502
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
Replied by jpg2502 on topic Unknown DWP ;payment Thurs - DWP GB FP LP FUNDI
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
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