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TOPIC: P45 Received

P45 Received 1 month 6 days ago #220785

  • Gordon
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Empress

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 if you have not already done so (ESA85), 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 he meets 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 he 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

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

P45 Received 1 month 4 days ago #220913

Thanks. We've been to Citizens Advice yesterday. The lady was very helpful. She started to go over some of the questions and we realised what we did wrong.
In the ESA85 report is nowhere mentioned that I was at the assessment and my partner even told the assessor that I am there because of his bad memory and his bad hearing.

Would it make any difference if I added a letter written by myself pointing this out?

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P45 Received 1 month 4 days ago #220928

  • Gordon
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empress48 wrote: Would it make any difference if I added a letter written by myself pointing this out?


Yes, if you expected to score for activities where his being alone would be an issue, for example; Going Out.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

P45 Received 1 month 3 days ago #220940

I always accompany him for important appointments like the doctor, hospital etc. His memory is bad and so is his hearing despite hearing aids. He might go out on his own to meet his mother once in a while but that's it.

Would it be any help to write to them how I experienced the whole assessment? That the assessor rushed the interview, talked very fast and not very clear. (even I struggled to understand everything he said) He also talked over my partner's responses putting words in his mouth or with the next question while typing very loudly which also interfered with my partner's hearing aids. He was rushed so badly that couldn't remember if he said everything he wanted to say, let alone got the chance to do so.
For example, the assessor wrote that he had a good memory but my partner was complaining about his bad memory where the assessor recommended to talk with the GP about this.

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P45 Received 1 month 3 days ago #220944

  • Gordon
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empress

These are things to mention but your primary task must be to explain and show how he meets the criteria for an ESA award, you can de-value the assessment as much as you want but an award will only be given by your showing he scores the points for one.

What award did he have previously and do you know why it was given?

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

P45 Received 1 month 3 days ago #220955

Ok, thanks for the advice.

Last time he received Mobilising 9 and Standing and Sitting 6.
His condition has deteriorated over the past 5 years.

Atm, we're going through the descriptor step by step.
Tomorrow we can pick up copies of an x-ray he had done previously and the MRI.
They are not brand new but they will help to visualise why he struggles so much.
Plus a brand new MRI results that was done on his neck and he'll get a letter from his GP.
We hope to have it all ready to be sent out by the end of next week.
The following user(s) said Thank You: Gordon

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