ESA Decision this is SO wrong

flyer2306

I'm getting slightly mixed messages. Isn't the ESA50 part of my own evidence which should of fairly been considered by the decision maker? The lies and untruthful information on the report gives me no leg to stand on unless my ESA50 has been read. IF thte decision maker would of read the ESA50 he/she would of seen certain points and certain information that was completely missed from the medical report. This is because half the stuff on my ESA50 was not even asked or talked about at the assessment. The guy just seemed to wanna sit there putting cream on his hand and humming songs!
It's not been a fair reassessment at all. My ESA50 was filed out in full with a LOT of detail and in that ESA50 was information in detail on how my conditions effect me. I just honestly feel that i've not been treated fairly as that ESA50 was a huge part in my claim. They make a huge deal about the HCP not making the decisions and its down to the decision maker when in reality they technically are making the decision for the DM... In my case anyway, on the medical report the assessor awarded 6 points. On the decision notice they said i had 6 points. Everything written in this decision notice is 100% based on the medical report from the assessment.

TELLIT01

The Decision Maker should have had the ESA50 available, but in its absence a decision would be made based purely on the HCP's report. If you are able to show enough inconsistencies between the ESA50 aand the HCP's report, AND inconsistencies between this report and the previous one, the DM may take a second look.
It is more likely though that it will have to go to appeal again.

dadtobe

flyer2306 wrote: »

Hi all
Well today i received my ESA decision notice. After being awarded support group and 27 points at tribunal in 2014 i have the letter today saying although we recognize you may have a illness or disability you can do some work and therefore ESA has been stopped from the date on the letter.

They awarded me 6 points from the WCA. There is something in this decision notice that really throws me off. The decision maker has written that the ESA50 was unavailable to them when making this decision however they made the decision based on the information that was available. How on earth can they not have the ESA50 to look at? Is this some kind of joke? It says in the letter that an ESA50 was sent and returned by myself, And was present at the WCA but was not there for the decison maker. I seriously cannot understand how that is possible.

Now i know that there is the process of a mandatory reconsideration but in the letter it does not say how i do that. Should i have a form with this decision letter or do i just write my own letter and send it to them? I'm truly lost for words on this decision and its really really unfair that the decision maker has made this decision without my ESA50.. I cannot believe it

I've had no chance for the decision maker to see what affects me and how it does if they have not looked at the ESA50.

HI, what is your condition? And did the HCP have your medical evidence from your specialist when you had your WCA?

Confuseddot

flyer2306 wrote: »

I'm getting slightly mixed messages. Isn't the ESA50 part of my own evidence which should of fairly been considered by the decision maker? The lies and untruthful information on the report gives me no leg to stand on unless my ESA50 has been read. IF thte decision maker would of read the ESA50 he/she would of seen certain points and certain information that was completely missed from the medical report. This is because half the stuff on my ESA50 was not even asked or talked about at the assessment. The guy just seemed to wanna sit there putting cream on his hand and humming songs!
It's not been a fair reassessment at all. My ESA50 was filed out in full with a LOT of detail and in that ESA50 was information in detail on how my conditions effect me. I just honestly feel that i've not been treated fairly as that ESA50 was a huge part in my claim. They make a huge deal about the HCP not making the decisions and its down to the decision maker when in reality they technically are making the decision for the DM... In my case anyway, on the medical report the assessor awarded 6 points. On the decision notice they said i had 6 points. Everything written in this decision notice is 100% based on the medical report from the assessment.

Usually the decision maker at DWP bases his decision on the report from HCP regardless of what is said on the ESA50.

flyer2306

Confuseddot wrote: »

Usually the decision maker at DWP bases his decision on the report from HCP regardless of what is said on the ESA50.

I can understand that. It's just i put so much information in my ESA50 and with the decision maker being the one making that decision i just feel it unfair it wasn't looked at to be considered.
Obviously i can't say it would of made a difference but it would of showed many things that weren't included in the HCP report. At that assessment there was so much he ignored and did not bother to ask me that was written on my ESA50.

belinda1960

Again would be of interest to be made aware of your condition. Physical or mental ?

flyer2306

belinda1960 wrote: »

Again would be of interest to be made aware of your condition. Physical or mental ?

I suffer with considerable pain following a previous surgery. I'm on medication for it. I also suffer with anxiety and panic attacks which i'm also on medication for. Something else i thought i'd mention is when i was at my assessment i took along with me my letter from my Tribunal when i won my case in 2014 and was placed in the support group. The assessor never mentioned this in the report nor did he scan it and send it along with my report.
This is something i mentioned in the complaint i made to Maximus. I'm also wondering, when i made the complaint i urged them to listen to their copy of the tape. They will 100% see many inaccuracies by doing this. Is this something they will do? I'm still waiting to hear about my complaint.

NeilCr

As Alice said support from your GP saying that your condition is as bad as/has worsened since 2014 would be very helpful

Would your GP do that?

flyer2306

NeilCr wrote: »

As Alice said support from your GP saying that your condition is as bad as/has worsened since 2014 would be very helpful

Would your GP do that?

I can only ask. Will contact my GP tomorrow and see if he would be willing to do so.

flyer2306

I have to contact GP anyway to get a sick note for claiming JSA. I have no choice or i'll have no income and wouldn't even be able to pay the fee for the letter from GP