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Esa support group medical 0 points money has stopp

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5 years 4 months ago #221532 by ksmls
Can u help me and my family please!!!
My husband has been in esa support for many years for mental health and had a medical and they called today to say that he has been rewarded 0 points as he is ok with mobility ? Obv this has upset him and he is some what unsettled as he cannot face interviews and being hounded... any advice please woukd be gratefully received.... I'm at my wits end tbh x worried sick as we now have no money coming in for him ....tia

grateful ksmls

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5 years 4 months ago #221533 by Gordon
K

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?




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 his 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, it's called an 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 he 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
The following user(s) said Thank You: MooBear

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5 years 4 months ago #221744 by ksmls
recieved my letter today and the report is not about me or what actually happend at its like i wasnt even there... very untruthfull and a very destressing read.... my question do i have to send eveidence again with manditory decision request... i ma going to fight this this is disgusting.....

grateful ksmls

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5 years 4 months ago #221753 by Gordon
ksmls

You do not need to re-send any information that you have already sent as part of your claim but it wouldn't hurt to list the documents that you sent in your request.

Gordon

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

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