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ESA Appeal help

JanT1959JanT1959 Posts: 2Member Listener
I recently had an esa visit to an assessment centre. I have been awarded 15 points for 4 years but after this assessment l have 6. I have just received the written test form and there are so many lies. I have asked for a mandatory reconsideration but l don't  know which ones to use or what to say. l would appreciate any feedback.

Replies

  • Sam_ScopeSam_Scope Posts: 7,732Member Disability Gamechanger
    Hi @JanT1959 welcome to the community - when you say you don't know which ones to use, what do you mean? 

    I found this information on the CAB website about appealing an ESA decision:

    How to ask for mandatory reconsideration

    You don’t have to use any particular government form to ask for mandatory reconsideration - you can just call or write a letter, using the contact details on your decision letter.
    It’s better to ask in writing because then you can keep a copy of your letter for yourself. However, if you're getting close to the deadline, it's best to phone first and then confirm your phone call in writing.

    Worth remembering

    The deadline to ask for a mandatory reconsideration of any decision from the DWP is one month from the date on their decision letter. You can only send a late request if you can show that you have a good reason for it being late, eg you were in hospital.

    You might feel that you’ve already given DWP all the information about your disability or illness, and be surprised or angry with their decision.
    Don’t be put off by this – if you believe you really can’t work because of your illness or disability, you should ask for a reconsideration. If you don't pass the assessment initially it doesn’t necessarily mean you won’t succeed with your case further down the line.

    What to say in your letter

    In your letter, explain why you disagree with the decision.
    Your decision letter from the DWP should have included a written statement explaining the reasons for the DWP’s decision.
    Go through the statement of reasons and try to:
    • give DWP more information about those specific points where you disagree with them
    • get more medical evidence that covers these points
    Example
    Your decision letter might say you scored no points for difficulty with mobilising, but your written statement of reasons will probably give more detail. For example it could say that they accept you can’t walk more than 200 metres, but that they don’t accept you can’t walk more than 50 metres. You should get more medical evidence on this point to show you can't walk more than 50 metres.

    You should also ask for a copy of your medical assessment report in your letter, if you haven’t asked already.

    You could get help from an adviser at your local Citizens Advice, but you’ll need to do this straight away because some Citizens Advice have long waiting times for appointments.

    Worth remembering

    Post your letter by recorded delivery or ask for a proof of postage at the Post Office and keep the receipt. This can help you later if the DWP says you haven’t met the deadline or if the letter gets lost.

    If you didn’t get a statement of reasons
    If your letter says you can ask for a statement of reasons, then you should ask for it - phone the number on the decision letter to do this. You'll have one month to make this request but you should do it as soon as possible.

    If you ask the DWP for a written statement of reasons, you should get some extra time to ask for a mandatory reconsideration. Your letter with the statement of reasons should tell you your new deadline.
    Because you usually have to ask for your written statement of reasons over the phone, make sure you make a note of who you spoke to and when.

    Getting more medical evidence

    It’s important to get more medical evidence to support your case. This will help the DWP understand more about how your condition affects you.
    Your GP or a consultant may have already written a simple letter about you, but this might not have been enough information about your condition. You can ask them to send more detailed evidence about you now, including information on how your condition affects your ability to work.
    Your doctor might charge you to provide extra evidence. 
    Scope
    Senior online community officer
  • JanT1959JanT1959 Posts: 2Member Listener
    Hi Sam_Scope,
    I was referring to the many,for example. It stated in my report that l use a mobile phone,which l can sometimes but l did not have it with me so she just assumed.Also she examined my legs while sitting on a chair.But she states that she also examined the rotation of my hips. This didn't happen cause l was sitting down.
    Can l call the hcp a liar.
  • Sam_ScopeSam_Scope Posts: 7,732Member Disability Gamechanger
    Hi @JanT1959 I would go through each and every point where you feel their assessment is incorrect and try and evidence why you believe it is incorrect.

    @Debbie_Scope any ideas?
    Scope
    Senior online community officer
  • Debbie_ScopeDebbie_Scope Posts: 947Member Pioneering
    Hi @JanT1959,

    It's always helpful to have an idea of what the descriptors are so that you can challenge every point you don't agree with. One of the easiest to read documents I've found comes from Durham County Council's Welfare Rights Service called
    ESA: THE WORK CAPABILITY ASSESSMENT AND FORM ESA50 it outlines all of the Limited Capability for Work Descriptors and the Limited Capability for Work Related Activities descriptors too.

    I hope this helps and good luck with your mandatory reconsideration.

    Best wishes
    Debbie
  • pamlewis70pamlewis70 Posts: 1Member Listener
    JanT 19th, 
    Hi hun I know exactly where coming from, I'm waiting to go to court for esa as I scored zero in my medical. I have osteoarthritis in both knees, lower back and neck. I have had two knee ops and one back op,I use a walking stick indoors and crutches when I'm out to get about but as far as esa are concerned I'm not disabled. All I can say is go through the report they did and mark everywhere they have put things you don't agree with (highlight it) you will need to prove why it is wrong, I would say it's easy to get through this but that would be a lie, it is hard work but I would say never give I haven't you will get there in the end. I know what I've said might not of been much help but as I said I'm going through it right now so I feel you pain with what you are going through.
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