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Made a stupid error....

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10 years 10 months ago - 10 years 10 months ago #105769 by Colin
Made a stupid error.... was created by Colin
Sorry, but it's me again!

I am about to appeal to placed in SG from WRAG and rechecking my copy of ESA50 I've realised I made a big error!
I don't know how I made such a mistake but I ticked the box saying I could walk 50 metres without problems repeatedly. I meant to tick the 'it varies' box. In fact I used the space below the box to explain how my condition varies. - and this is reinforced by what I stated at the beginning of the form -
how your illness affects you.
My concern is - I did not have the dreaded ATOS medical and my GP confirms they never contacted him for information, so it seems the decision was based mainly on my own evidence.
Obviously I will point out my error in the appeal form.
Has anyone else had such a problem?
I'm so worried I've shot myself in the foot - and there's no descriptors for that!!
Any advice or similar circumstances from anybody?
Thanks,
Last edit: 10 years 10 months ago by . Reason: Tick.

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10 years 10 months ago #105773 by Gordon
Replied by Gordon on topic Made a stupid error....
Colin

It is surprising that it does not happen more often :)

Providing the change is also supported by the evidence you supplied and in particular how you completed the comment box then it ought not to be a problem.

There is a slight chance that it may be an issue in regard a Reconsideration, we have had several reports recently of DM's saying that they trust the information on the original ESA50 more than anything submitted subsequently, my personal opinion is it offers an all too convenient way of fast tracking the process without actually spending any time looking at the claim.

But they may not and a Tribunal panel will look at everything from scratch.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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10 years 10 months ago #105776 by Colin
Replied by Colin on topic Made a stupid error....
Thanks for your reply, Gordon.
As I stated - at least in the space provided I actually said 'my condition varies because....
so it should be obvious I ticked the wrong box.
However, I'll just have to see what comes of the appeal.
I was trying to be so careful - following your guides etc, but a simple mistake can be made by anyone I guess - hey ho! :sick:
Thanks, Colin.

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10 years 10 months ago #105786 by Magpie
Replied by Magpie on topic Made a stupid error....
Hi Colin

As Gordon advised it depends on the supporting information you provided with the form.


When doing the appeal advise it was a genuine error due to trying to get the form back on time. If you can get a confirmation report on your condition from your GP (specifically stating how long you have had your condition for, meds you take, how your condition affects you etc) and any specialist you have recently seen - again confirming your condition, how long you have suffered with it and likely to continue to suffer from it (any any treatment you had and will continue to have).

Doing this is not adding new information (which they are particular about) - it is just reconfirming the supporting information you already provided for your existing condition with the ESA50 - it is vitally important to state at the end of the appeal letter that being the WRAG would be detrimental to your health - the supporting information and the reconfirmation letters from GP and specialist- will press home this issue.

I did this with my appeal with blessed help from my WRAG advisor and have been transferred to SG

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10 years 10 months ago #105794 by Colin
Replied by Colin on topic Made a stupid error....
Thank you Magpie,
I do have one big problem - my GP's practisc won't issue any supporting evidence or letters as they say it's a waste of time as ATOS disregard them. So I am left with the only option of obtaining my medical records and submitting them ... it's like banging your head against a brick walll!
However, I shall persevere and do my best.
Colin.

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10 years 10 months ago #105798 by Spridgett
Replied by Spridgett on topic Made a stupid error....
Hi Colin,

Rest assured - you are most certainly not alone! In my case, I made a similar error on the mobilizing question on my ESA50 form, when being transferred from IB to ESA, and managed to compound my error at my ATOS face-to-face assessment. Basically, I was asked to provide a figure for the length of my back garden, in relation to the distance I could mobilize. I managed to get well and truly confused when converting feet (which I still tend to think in being middle aged!) to metres. This resulted in a gross over estimation on my part and, most significantly, largely contributed to me being found fit for work.

Because I am in receipt of a care package from my local authority, this entitles me to the services of their Welfare Rights Officer, who has agreed to represent me at appeal. We have also been able to submit legal documentation, which proves the actual length of my garden, so the Welfare Rights Officer seems fairly confident that we can discredit my own evidence, upon which the fit for work decision appears to have been made, as I was not seen to mobilize independently at all by the ATOS doctor (yes, it was a doctor!).

Eight months on, we are still awaiting news regarding my reconsideration/appeal and the Welfare Rights Officer now plans to resubmit all documentation to the DWP, in case the original submission has been lost in the system.

I wish you every success in gaining entry into the Support Group and, in the meantime, rest assured once again that you are the only one in making a mistake in this horrendous process.

Spridgett
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