Employment and Support Allowance (ESA)
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secretary of states response to submitted evidence

hello all got letter from the tribunal with evidence from the dwp stating that my 3 years of medical evidence does not prove i have limiting factors to change there decision i was confused thinking that the tribunal did not go in my favour but was reassured this was evidence to support the dwps claim. the question is this normal for the dwp? and should be worried. i also submitted a evidence from the  nurses medical register stating the assessor was  a gp nurse not trained in mental health.

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It's perfectly normal. The DWP will be giving their reasons why they don't think you're entitled, in the same way you'll give your reasons why you think you're entitled.

    The Tribunal will not be interested in anything to do with the assessor not being registered. You need to concentrate on sending evidence with the reasons why you think you're entitled.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • JamieLeeSAMPLEJamieLeeSAMPLE Member Posts: 5 Listener
    thanks for the advice the the nurse thing was to state she was not qulifed to make an assment on mental health thus weekening her evidence.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    They don't need to be qualified to do an assessment. What you need to do is concentrate on which group you think you should be in and why. Then prove the reasons why you think you should be in that group with evidence to support your claim. It's up to you to prove this and not the Tribunal or DWP. I'd advise you to get some help from either your local CAB or other disability advice centre near you.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • PaulbamPaulbam Member Posts: 3 Listener
    Hi just a quick question would pulmonary rehabilitation satisfy the pip descriptor regarding supervised therapy. Dwp are a complete shambles and sometimes i struggle to keep fighting
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited October 2018
    Therapy has to be done in your own home and has to be prescribed or  recommended by either a nurse, registered doctor, pharmacist or health professional. If you go outside of your home for the appointment then it doesn't count for the descriptors.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • PaulbamPaulbam Member Posts: 3 Listener
    Thank you poppy all this is so confusing
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    No problem. Which is why it's always better to get help from someone that understands the descriptors and what they mean. Your local welfare rights or other disability advice centre near you.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • PaulbamPaulbam Member Posts: 3 Listener
    Thank you again poppy for your help just to let you know I had a tribunal yesterday and was awarded enhanced on mobility and care. This was another bad decision from the dwp who only awarded me 6 points for care and 4 points for mobility
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