The first thing to remember is that we can almost certainly put it right, so do not panic. Challenging the ESA decision is a two-stage process; the first is a paper challenge, called a mandatory reconsideration. ‘Mandatory’ because you cannot go around it; you have to go through this stage before you have the option of appealing to an independent tribunal.
We might advise you not to instruct me to help at this mandatory reconsideration stage – it depends on the gap between the points that you scored and the points that you should have scored. If you have scored few or no points, then even working together, the chances of persuading the second Decision Maker that the first one got it totally wrong would be close to nil, so it would not be a good use of your energy or resources to instruct us.
Better we have found to go through the motions, just asking the DWP to look at the decision again, and focus your efforts on a tribunal appeal, where the quality of decision making is very much better.
The most recent Government figures that we have seen showed that just 17% of ESA mandatory reconsiderations resulted in any additional points being awarded, never mind the correct award being made, so it can make sense to concentrate on a fight that you can win, rather than one that you are very likely to lose.
The time limit for requesting a reconsideration is one month from the date on the decision letter, regardless of how long it took to reach you. Comply with that time limit if you possibly can, and keep a copy of your letter. We send reconsideration requests ‘signed for’, for peace of mind, and where the time limit is close, ‘next day delivery guaranteed’. Do not give up if you miss the one-month deadline as it is often possible to get a late request accepted. There is an ‘absolute time limit’ of 13 months (the month, plus 12 months); talk to me if you have missed even this extended time limit as we may be able to help.
Whenwe work on a mandatory reconsideration, we make every effort to get the right result, so that the delay, stress and expense of a tribunal appeal can be avoided. We begin by going through the ESA test with you to see where you should have scored points, why you should have scored them and how strong a claim you have for those points, as well as to see if you should have qualified for the support group. Once we know what we have to prove, we can then take you through the assessment report, to see where this went wrong.
We will have agreed sources of evidence to support our view.
This could be medical reports or letters that you already have, or that we request.
It could be medical notes from your GP surgery, but could also be witness statements taken by us from people who know for themselves how you are affected by your medical conditions.
With the groundwork done, we are in a position to put together the mandatory reconsideration request and the first part of this would explain to the Decision Maker what was wrong with their assessment and why they should not give it much weight.
We go on to explain in detail where you should have scored points and why, referring to the ESA legislation, the regulations and the Upper Tribunal case law that supports your case.
Do not forget to protect the points that were awarded by the Decision Maker as you cannot ringfence these when challenging a decision.
ESA CLAIM
There are two sorts of ESA claims, contribution-based and income-related. Entitlement to the first of these depends on you having paid sufficient National Insurance contributions. Income-related is another way of saying means tested. In the following weeks, you will be required to complete a work capability questionnaire or form ESA50. This asks for a description..MORE
ESA ASSESSMENT
Whether you are claiming contribution-based or income-related ESA, the claim process is very likely to involve a face-to-face assessment. It is a good idea to ask for your work capability assessment to be recorded, to help protect you from what you say being misunderstood, but you should still not go alone if you can help it. You may well be asked how you got there..MORE
ESA DECISION
You would not be reading this if you were happy with your decision letter. OK, so what do you do when a decision that you do not agree with arrives? We recommend that you call ESA to request a copy of the assessment report, because this is very likely to be where things went wrong. We go through the report with you pretty much line by line, to see what went wrong..MORE
ESA RECONSIDERATION
The first thing to remember is that I can almost certainly put it right, so do not panic. Challenging the ESA decision is a two-stage process; the first is a paper challenge, called a mandatory reconsideration. ‘Mandatory’ because you cannot go around it; you have to go through this stage before you have the option of appealing..MORE
ESA APPEAL
You must have been through the reconsideration stage before you can appeal to an independent tribunal. It is better to use the standard appeal form (search online for form SSCS1. You and the tribunal have the same appeal papers sent to you. They will contain a copy of your work capability questionnaire ESA50, the assessment..MORE
ESA APPEAL CHALLENGE
A tribunal decision can only be challenged by identifying one or more ‘errors of law’ in their statement of reasons, which the tribunal judge has to put together if any party to the appeal requests it. Up to this point, you were able to challenge a decision simply because you thought it to be wrong. If you are unhappy..MORE
Are you in need of professional PIP or ESA legal help ?
Don't hesitate to contact Disability Claims.
As of October 2020 we have a 97% Tribunal success rate based on 592 appeals.
We hope to hear from you soon.
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DISABILITY CLAIMS
Going from DLA to PIP for my son resulted in only 2 points being awarded; my completion of the mandatory reconsideration form resulted in no improvement. At this point I realised that we needed professional help (with hindsight it would have been better if I had sought this earlier) and found the Disability Claims website via Google Search. They were most helpful and has an encyclopaedic knowledge of the system, they meticulously prepared for the appeal tribunal and represented us. The result was an increased award from 2 points to 22 points. We couldn't have achieved this without them. Highly recommended.
Simon - 20 November 2019
“From the moment I spoke to you, you took the anxiety and stress from me. I was still worried about the whole procedure which was affecting my condition. You were so very, very helpful and extremely understanding. I was awarded high Mobility and high daily living. The assessor who came out was a nurse. She was very understanding of my condition and how it affected me. It was a long assessment as I did explain everything in detail. You are so very, very good at what you do. Many thanks once again.”
Mrs P of Suffolk 10 July 2019
“We were kept informed of the progress of the claim and the process we followed.
You obviously have good knowledge on the subject and was to formulate an
accurate statement, and present our case well at the appeal hearing. It is likely that
we will be in touch for help when our renewal form arrives.”
Mr M of Louth
Disability Claims are a courteous professional business. I highly recommend them to anyone needing help with PIP. They are cool and calm and after a few minutes speaking to them I was assured that I had made the right decision to ask their help. Most of all you are not forgotten about, as they check up on how things are, thank you. And to anyone faced with these forms they are your go to business.
Really professional and expertly researched legal representation. I went from 0 points on ESA to 18 points on appeal and got back in the support group. Highly recommended.
I strongly recommend Using Disability Claims. They are the best you can ever hire using PIP tribunal hearings appeal forms and reconsideration the best Welfare Benefit Solicitor in the whole of UK. I strongly recommend Disability Claims as the no 1 Welfare Benefit Solicitor.
With many disabilities, my full DLA allowance when changed across to PIP, and following my assessment, was reduced to standard rates, resulting in the loss of my car. Requested for a tribunal, and gobsmacked when the papers arrived, could not believe the ( I worded it inaccuracies) LIES that the assessor had told. Disability Claims attended the tribunal with me, and I was glad of their experience and reassuring me, if I got really nervous , that they would assist. My PIP was upgraded to enhanced care and mobility. I would certainly recommend that you should not accept any reduction in your benefits and should contact Disability Claims, I cannot express my gratitude enough.
Do not think of attending a tribunal without this business, they made the whole process so easy for my very stressed, distressed sister, who had her entitlement reduced and her car removed,at the change to PIP, they took the time she needed to calm her and put her at ease with some things that she was very uncomfortable talking about, they did a first class job at very short notice and worked until after 8PM on the evening of her initial interview, we would not hesitate to use their service's again or to recommend thrm to anyone who needs this kind of help.
The Disability Claims team are first class. If you need any help with any benefit they are the number one people to call.
They are excellent at what they do and will always explain to you each step of the process.
Fees are very reasonable for all the work and travel involved.
I have recommended them to people in need of their services.
Even get their help when the first forms drop through your letter box.
What can I say? They have helped my wife with her fight against this injustice winning every time which without them been harder..
I have been dealing with Disability Claims for many years for help with claiming the right benefit. They helped me a great deal, particularly when the DWP got it very wrong. They were confident and reassuring that I was in the right and we won no problem on appeal. You can be as genuine as possible, with real issues but often it's how those words are put over - this is where Disability Claims came in. Filled out the same information (mostly) as I did, just worded much better and was successful without any problems. Highly recommend you deal with Disability Claims if you're worried or have issues. In an ideal world this service should not be needed, but the DWP are ruthless and don't care what your circumstances are.
I would like to thank Disability Claims very much for their support and professionalism in dealing with my husbands case. At tribunal they took my husbands ESA case from zero points to support group. They are very pleasant, very experienced and knowledgeable in their work of supporting and advising on benefit claims. They are clear and to the point and I have no doubt that a genuine claimant will be supported 100%. They are very black and white as there is no room for grey areas in these case. I would recommend them to anybody who has a pending appeal or indeed any of the other services they offer. We certainly could not have got through this without their support and very clear understanding. There were no hidden costs everything was very transparent. Professional in every way. Thank you again.
Disability Claims is absolutely brilliant. I too wish that I had used them to fill the dreaded form in to begin with too! I will definitely be using them in the future if needs be. They were so patient, professional, caring, and lovely, lovely people. They travelled a long way to deal with my case and was with me every step of the way. Their service is not for free, but it is worth every single penny. I don't think I would have got the perfect outcome I did without them. In fact I know I wouldn't have. I highly recommend them to others.
Thanks so much.
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