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  • jimbo888
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9 years 10 months ago - 9 years 10 months ago #136587 by jimbo888
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hello I just found out today and that I got a score o points I have medical reports form Harley Street saying very unlikely that I will ever find a job or any one will employ me

I have brain injury frontal lobe I'm forgetful badtempered cannot learn new things

it took me 3 weeks for me to do this form at three or four hours a day to do

It looks like to me that everything on that form I put on it like do not cook as I may put dinner on and leave it on and forget about it but on the on the letter the doctor has put I can cook

I said to them I do not get on very well with people and I try to avoid them but the doctor has put he gets on very well with people



I paid £60 for someone to have a day off to go with me I was just leaving and they call up and cancel the appointment saying there was no doctor available this day

I paid again £60 for someone to have a day off work I got there and they said your appointment as being cancelled

On the third attempt I could not get anyone to go with me so I went on own by the look of it this went against me very badly as I said I get confused and sometimes forget where I am going

I said I have a 9 inch plate in my right arm I cannot put a screw in a wall or paint with it for more than 10 to 15 minutes I had a plastic carrier bag with a hat in it and I had 4 boxes of tablets what I have to take and 3 medical reports yet the doctor has put I carried the bag in my right hand I got no points from this

The problem now is my family will no help me with my appeal and I have no friends will help me


I do know what to do now I just feel like giving up I hope this makes sense there may be spelling mistakes


thank you Jim
Last edit: 9 years 10 months ago by slugsta.

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9 years 10 months ago #136614 by slugsta
Replied by slugsta on topic 0 points
Hi Jim and welcome to the forum. On the assumption that you are also new to the site this link should help you find your way around the site.

Welcome to Benefits and Work

I'm sorry that you are going through this. Is it ESA or PIP that you were assessed for? Either way, your next step will be to request a Mandatory Reconsideration if you want to take things further. You can request this over the phone but should follow it up with a letter. You should point out where you should score points and back this up with showing where you have explained this in your application. You can also submit new evidence if you have any.

How do I ask for a mandatory reconsideration?

How long do I have to ask for a mandatory reconsideration?

The links above deal mainly with ESA but the system is the same for PIP.

When you have further questions please come back and reply to this message and we will do our best to help. You will find it easily if you bookmark/favourite it on your web browser now :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: jimbo888

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  • jimbo888
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9 years 10 months ago #136620 by jimbo888
Replied by jimbo888 on topic 0 points
hi and ty it was employment support allowance i did call disabillity liveing allowance they saying was not assesses

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9 years 10 months ago #136628 by Gordon
Replied by Gordon on topic 0 points
Jimbo

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 and 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, ask for your ESA85 if you had aface to face assessment and your ESA85A if you did not. I would phone them 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
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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9 years 10 months ago #136659 by slugsta
Replied by slugsta on topic 0 points
Jim, don't forget that the award of ESA has little to do with whether you will ever be able to work again and even less whether anyone would ever employ you. It is solely down to meeting the specific ESA descriptors and this is what you must concentrate on in your MR. You can find these in the link that Gordon gave you.

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

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9 years 7 months ago #141492 by jimbo888
Replied by jimbo888 on topic 0 points
well i had my courts tribunal appeal today gone from 0 points to 21 and be put in a WRAG do not know if this as good or not ty for all the help jim

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