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spitfire1964

Esa appeal question

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What evidence do you think DWP haven't included? Do you have a copy of the assessment report?

 

If you haven't already done so you need to go through the report and basically tear it to pieces. Concentrate on picking up any factual errors. After that you need to sit down with the descriptors and, bearing in mind the 'repeatedly and reliably' criteria, make an as objective assessment as you can of where you should have scored points.

 

The assessment guide is here https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers which provides lots of useful info about how the assessment could have been conducted. I can't see how it could have been done properly in 10 minutes, so you can also mention all the things the assessor didn't do.

 

Once you've done all that, try to make it into some sort of logical statement and send it to the tribunal as soon as you can. Make a bullet point list of things you want to be sure to mention to the tribunal at the hearing.

 

You must attend the hearing, but try to take some one with you for moral support. If they also know something about your day-to-day difficulties, that would be a bonus. DWP are notorious for not taking account of carer's/relatives evidence, but tribunals do, especially where they haven't much to go in from the assessment report.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Thanks for jumping in Speedfreek, you know much more about appeals than I do.

 

One thing I can answer is the time frame for re-assessments for support group - it depends! Sometimes they give a time frame in the assessment report (mine was 3 years) and sometimes the DWP stick to it. However sometimes they'll call you earlier and sometimes later or not at all - as it's been 5 years, I'm in one of the latter groups. Unlike PIP, ESA doesn't run out for support group.

 

Thank you RMW, seems like with everything associated with the DWP, they are giving the freedom just to act and when it is in their own interest, again nothing set in stone that needs clarifaction as opposed to second guessing which again puts the Claimant in a weak position.

 

What evidence do you think DWP haven't included? Do you have a copy of the assessment report?

 

If you haven't already done so you need to go through the report and basically tear it to pieces. Concentrate on picking up any factual errors. After that you need to sit down with the descriptors and, bearing in mind the 'repeatedly and reliably' criteria, make an as objective assessment as you can of where you should have scored points.

 

The assessment guide is here https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers which provides lots of useful info about how the assessment could have been conducted. I can't see how it could have been done properly in 10 minutes, so you can also mention all the things the assessor didn't do.

 

Once you've done all that, try to make it into some sort of logical statement and send it to the tribunal as soon as you can. Make a bullet point list of things you want to be sure to mention to the tribunal at the hearing.

 

You must attend the hearing, but try to take some one with you for moral support. If they also know something about your day-to-day difficulties, that would be a bonus. DWP are notorious for not taking account of carer's/relatives evidence, but tribunals do, especially where they haven't much to go in from the assessment report.

 

My wife was with me at the assessment, can she give a witness statement?, she will be with me at the Hearing as well, their report indicates that my wife was in attendance. I made a formal complaint against the assessor lodged with ATOS as well, should that be included as well.

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An entirely factual statement from your wife in her own words would be extremely helpful.

Try not to help her remember exactly what happened, it doesn't matter if your accounts differ in irrelevant details but it would be noticed if they were identical.

 

She should try to avoid expressing any opinion about what should or should not have been done, just keep to the facts

e.g. the assessor asked (your name) if he does his own shopping.

 

(Your name) replied 'Yes, but ...' and the assessor interrupted and prevented him from completing his sentence.

 

He does do his own shopping, but he always does it online so he doesn't have to go out'.

 

As well as providing a statement about the actual assessment, she can provide a statement about how she helps you or what aids you need.

 

 

You could both try keeping a diary for a few days.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Hello spitfire.

 

If I've understood you correctly, you also need advice on your PIP problems? I suggest you start a new thread for that rather than having ESA and PIP issues both on this thread.

 

HB


Illegitimi non carborundum

 

 

 

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