failed wca, dont know what to do next

lor6126

hi as above, iv failed. Im stunned, there was so many inaccuracies in the assessors report. Some parts were actually downright lies. Iv received zero points. I understand i can now ask for a mandatory reconsideration and will have to apply for jsa in the meantime. can anyone tell me the best way to do this, ie should i do it by phone or in writing, ?.
I received my blue badge after a walking assessment which said i was virtually unable to walk, and a week before the esa assessment i was awarded pip for care, i am contesting the mobility part as i got only 8 points for that.
I dont really have any extra information that i havnt already given them from doctors etc, so really all i could add would be a letter pointing out the inconsistencies in the examiners letter. Ie he said i cope well with daily visits from my daughter, what i acutally told him was that my daughter comes twice a day to help me get up, washed and dressed, and makes me my meals.!
Please can someone who has been through this tell me what to do now and in what order. I live alone and my esa was my only income. Im assuming i have now lost my housing benefit and council tax benefit as well.
Im at an absolute loss as what to do next.
thank you.

Indie_Kid

You can claim housing and council tax benefits on a nil income.

During the mandatory reconsideration, you have to claim JSA. You should only need to claim it for a few weeks.

lor6126

Hi, thanks for that. il will phone today and ask about JSA. Does anyone know about the mandatory reconsideration ? Do i write to them ? should i include a letter pointing out all the things the assessor wrote that was wrong ?.

Indie_Kid

You may need to phone to get the reconsideration started.

pmlindyloo

lor6126 wrote: »

Hi, thanks for that. il will phone today and ask about JSA. Does anyone know about the mandatory reconsideration ? Do i write to them ? should i include a letter pointing out all the things the assessor wrote that was wrong ?.

You have one month from the decision letter to appeal.

As you know you need to ask for a reconsideration first. Look at your letter and see how you need to do this.

You can write a letter (as well as phoning) outlining your reasons. ie the report was inaccurate and misrepresented what was said. You can explain in some detail quoting what was said in the report and what you actually said. Keep a copy of the letter and send recorded delivery.

As part of the reconsideration process you will get a phone call from the DWP. They will ask you if you wish to send more evidence.

Often the doctors report does not specifically relate to the descriptors.

if you google '' ESA Appeal Guide Adviceguide'' there is a useful 'pack' issued by CAB which includes some sample letters that you can send to your doctor or other health professional. They include the descriptors so your doctor can specifically refer to them.

Alternatively you can go to CAB who will support you through the whole process.

Apply for JSA and ask to see a disability advisor. Do not present a fit note to them as you have been found 'officially' fit for work so you are eligible for JSA.

Your HB and CT reduction should be sorted at your first interview or you can phone the council and explain what is happening to see if the claim can be kept open. Probably your claim will have to be restarted as the 'computer' quickly informs the council that your ESA has ended.

lor6126

thanks, that gives me a starting point. on hold to jsa, 30 minutes so far.