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Mandatory reviews for esa.

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10 years 10 months ago - 10 years 10 months ago #122425 by Ian
Replied by Ian on topic Mandatory reviews for esa.
Hi Gordon !

Just a up date, the decision maker rang me last week and informed me she's upholding my review
and agreed with ATOS. I asked her what I had failed on, but she couldn't give a precise answer, all she said my GP says I can use public transport, I have never used public transport since my injury I use my car and my blue badge. I'm absolutely gobsmacked with that answer, I enquired if she needed further evidence, to which she replied" that's up to you." I rang the following day to clarify the reasons behind her decision, she replied, " I'm not going through it again, and let's hope you send a letter, and don't ring me again."
I'm at a loss, would it be worth trying to get a supporting letter from my GP, or can you use old reports from my GP and orthopaedic consultant. Or would it be more beneficial to go straight for appeal, the reason I say this, the Decision maker doesn't seem very helpful or willing to listen, she even had the temerity to ring me up again and asked if I could work! What is all that about?

Ian.
Last edit: 10 years 10 months ago by Gordon.

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10 years 10 months ago #122429 by Gordon
Replied by Gordon on topic Mandatory reviews for esa.
Ian

I am afraid you cannot make an appeal until the MR process has completed and the DWP have sent you an MR Notice.

It may be worth speaking to your GP's surgery to see if they completed an ESA113, this may explain the comment about public transport.

Whether you should send further information really depends on what you can provide and whether you think it addresses any of the concerns that the DM raised on the phone to you, a Tribunal will look at everything from scratch but the DM has already made some conclusions based on what they have already seen.

Gordon

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

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10 years 10 months ago #122433 by Ian
Replied by Ian on topic Mandatory reviews for esa.
Thanks Gordon!
Is the ESA113, a tick box Qestainaire or do they ask specific questions about your conditions and how it affects you ?

Ian.

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10 years 10 months ago #122435 by Gordon
Replied by Gordon on topic Mandatory reviews for esa.

Ian wrote: Thanks Gordon!
Is the ESA113, a tick box Qestainaire or do they ask specific questions about your conditions and how it affects you ?

Ian.


It's a bit of both, the DWP can ask specific questions and there is a section related to the ESA Descriptors, there's an example form on the following

www.gov.uk/government/uploads/system/upl...a113-interactive.pdf

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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  • bro58
10 years 10 months ago - 10 years 10 months ago #122436 by bro58
Replied by bro58 on topic Mandatory reviews for esa.
Hi I,

I have long thought that the question within : The ESA 113 Questionnaire regarding "the use of public transport" is most ambiguous.

See extract from Question 6. "6 Could your patient travel to an examination centre by public transport or taxi ?"

There is a major difference between being able to travel to and from a face to face, door to door in a Taxi, and using Public Transport by one's self with all the extra actions that may be involved in the process.

As you will note, it only invites the G.P. to make further comments with respect to this :

" No, Please tell us why at Part 7."

At Box 7. if they answer "No"

You should be aware that the way that you manage to attend and return home will be taken into account, and you would most probably be asked questions regarding this in any face to face.

In other words, the way that you travel to and from the assessment is part of the actual assessment itself.

See : ESA Medical – What to expect

bro58
Last edit: 10 years 10 months ago by bro58.

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10 years 9 months ago #123805 by Ian
Replied by Ian on topic Mandatory reviews for esa.
Hi Gordon/ moderators

During the process of my mandatory review, I have had correspondence and phone calls with 5 different decision makers, i dont know if this is a result of administration overload, and they are finding it difficult to cope. I just wondered if this is happening a lot in the current climate. Anyway im digressing from what I really want to say, and that is im pleased to tell you I've been granted my ESA, and put into the support group. I would just like to thank all the staff/moderators for all their help and support not just for me but everyone who uses Benefits and Work and its invaluable source of information.

Keep up the good work.

Ian :cheer:
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