esa assessment

Well I was right no change to the decision so the only thing now is an appeal. I'm not sure now what to do, what to appeal on and whether to get help from CAB? Any advice?

Hi mm,

magimagi wrote: Well I was right no change to the decision so the only thing now is an appeal. I'm not sure now what to do, what to appeal on and whether to get help from CAB? Any advice?,

Hi mm,

If you can obtain good professional support, that should always be advantageous.

See : This Topic

The ESA Appeals process is covered in our : See : ESA MR/Appeals Guidance

You have one month from the date of The Mr Notice letter to submit your appeal directly to The Tribunal Service (TS) using one copy of The MR Notice and The SSCS 1 Form (Download Link)

See also : Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

You can challenge discrepancies within the ESA85 medical report, by countering them with your own arguments whilst cross-referencing to any supporting medical evidence that you have or have already provided with your MR request.

However, the important issue is to reiterate how and why you should have been placed into The SG rather than the WRAG.

I know that you already have The ESA85 but you could also issue a SAR requesting all documentation used in coming to the fit for work decision which could include an LT54 and an ESA113 if one was sent to their G.P.

You can do this using a SAR Form :

SAR Form Download

From this page :

DWP Data Protection Policy

Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.

Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your ESA.

Write DPA 1998 SAR in front, top, left corner of envelope.

Once received, they have 40 calendar days to comply.

Sending Documents to the DWP, ATOS, Capita or Maximus.

You can include a note with your appeal request stating that you have requested documentation via a SAR, and will submit any fresh evidence as a result of the SAR documents as soon as you have received the requested documentation !!

You can safely submit fresh evidence to The TS until around 7-10 days before the hearing date.

See : MOJ Video of “mock” ESA Appeals Process and Tribunal

How best to show that you qualify for The SG is covered in our ESA Claims Guides.

If you can identify which of : The Functional SG (LCWRA) Schedule 3 Descriptors you feel that you qualify under, ( remember, even though you can cite more than one, you only need to fulfil one to qualify ) you can cite it/them in your appeal.

You can then list the medical evidence that you have, (providing supporting medical documentation) and try and tie in the limitations that you suffer as a result of the medical conditions with the appropriate SG Activity/Descriptor/s, giving reasons how and why you cannot carry out that Activity with respect to the relevant Activity/Descriptor

If you cannot carry out any of the Activities Repeatedly, Reliably and Safely for the majority of the time (>50% of the time) without suffering severe discomfort, pain, risk, fatigue or breathlessness, you should not be classed as being able to carry them out at all, and you are therefore legitimately within your rights to answer "No" you cannot carry out that particular Activity, explaining why !

So it is a matter of highlighting the relevant SG Activity/Descriptor/s then cross referencing to the relevant medical condition/s and resulting limitations.

With regards to The SG Activities as opposed to The WRAG Activities, to be classed as being able to carry them out, not only must you be able to do so as mentioned above, for the majority of the time, etc,etc, 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”

From : ESA Reg 34.

If you cannot fulfil at least one of The Functional SG Descriptors,as above, you can gain access to The SG via : ESA Reg 35 for entry to The SG (LCWRA)

For entry via ESA Reg 35. (2) (a) & (b) you would have to show that there would be a "Substantial Risk" to your own physical or mental health, or that of another person if you were not assessed as having Limited Capability for Work Related Activity . (LCWRA) (not placed into The SG)

i.e. if you were kept into the WRAG and had to comply with WRA, rather than being placed into The SG and not having to comply with WRA.

Have a look at Gordon's comments in : This Post regarding ESA Reg 35,

Disregard the comments regarding ESA Reg 29, as they only place you into the WRAG once more.

The information from : This Link gives good examples of WRA that you may have to take part in if placed into The WRAG.

You could therefore use the above as examples of WRA, and explain how and why you or another person would suffer "Substantial Risk" if you were placed into The WRAG and had to comply with such WRA.

There is nothing wrong with you citing any applicable Functional Schedule 3 Activities/Descriptors whilst also citing ESA Reg 35 as a back up if appropriate.

bro58

I have been to CAB & appeal form has been sent off, now I have received a letter to attend an interview at local job centre+ next week, do I attend this or is this going to affect my appeal? Will my benefit be paid or stopped until appeal is heard?