Enough Descriptor 'points' for Support Group

I have been placed in the WRAG for my ESA request. However, the DWP have said that I do not fulfill any of the descriptors for the Support Group. I have CFS/ME, IBS, Osteoporosis and multiple environmental sensitivities. I honestly said the that I could do many of the actions once and therefore ticked the 'YES' box. However, I then elaborated at some length in each of the further information boxes to say that there was much interaction between many of my symptoms to the point where I feel very poorly due to the compounding effect of the different symptoms on each other. It would seem from the ATOS Assessor and the DM they they have totally disregarded any of the information written in the information boxes. Written requests to the DWP for detailed scoring sheets and notes resulted in them not being able to supply any further information. Will an Appeal look favourably on any interaction of Descriptor symptoms?

Ruby wrote: I have been placed in the WRAG for my ESA request. However, the DWP have said that I do not fulfill any of the descriptors for the Support Group. I have CFS/ME, IBS, Osteoporosis and multiple environmental sensitivities. I honestly said the that I could do many of the actions once and therefore ticked the 'YES' box. However, I then elaborated at some length in each of the further information boxes to say that there was much interaction between many of my symptoms to the point where I feel very poorly due to the compounding effect of the different symptoms on each other. It would seem from the ATOS Assessor and the DM they they have totally disregarded any of the information written in the information boxes. Written requests to the DWP for detailed scoring sheets and notes resulted in them not being able to supply any further information. Will an Appeal look favourably on any interaction of Descriptor symptoms?

Hi R,

Welcome to Benefits and Work

You don't say whether or not you had a "medical" if you did there will be an ESA85 Report, if you didn't, there would be an ESA85A Report.

You can request either of these by issuing a SAR.

Have a look at one of my previous posts giving information on issuing a SAR :

www.benefitsandwork.co.uk/forum?view=top...13+newsletter#110618

Even though the topic relates to an SG award, the information regarding requesting documentation still applies.

In the first instance you would have to request a Mandatory Reconsideration. (MR) See :

Mandatory Reconsiderations Explained

Although an MR can be requested over the phone, we strongly advise that any oral request is backed up with a written one.

You should make it clear in writing that you are formally requesting a :

MANDATORY RECONSIDERATION.

You have one month from the date of the WRAG decision notice letter to request an MR.

Sending Documents to the DWP or ATOS

See also :

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

&

MOJ Video of ESA Appeals Process and Tribunal

There is also an ESA MR and Appeals Guide on this page :

ESA Claims Guides

As the DWP have 40 calender days to comply with a SAR you should not miss your one month deadline to request an MR if the requested documentation has not arrived.

Even though discrediting the ATOS ESA85/ESA85A Report may help, the important issue is to reiterate how and why you qualify for The SG :

Qualifying for the Support Group

The legislation states that to be deemed able to carry out any of the activities/descriptors, you must be able to carry them out for the "Majority" of the time (>50% of the time) therfore if you can't do so "Repeatedly, Reliably and Safely, you were quite within your rights to tick "No".

Further, with respect to The SG Descriptors, not only do you have to be able to carry them out for the "Majority" of the time, you must also be able to carry them out on the majority of occasions that you attempt them :

ESA Reg 34. (2) Applicable to Support Group :

“A descriptor applies to a claimant if that descriptor applies to the claimant for the majority of the time or, as the case may be, on the majority of occasions on which the claimant undertakes or attempts to undertake the activity described by that descriptor”

www.legislation.gov.uk/uksi/2008/794/regulation/34/made

You have to fulfill at least one of these :

SG (LCWRA)Schedule 3 Descriptors

Or, if none of them, you could qualify under :

ESA Reg 35 for entry to The SG (LCWRA)

The forum is now closed until 2PM on Monday, if you have further queries, please re-post then.

Have a good weekend.

bro58

Hi R,

As you have been placed into The WRAG, reading through this other topic from tonight, may help :

www.benefitsandwork.co.uk/forum?view=top...=10&id=100729#118310

bro58