- Posts: 51077
× Members
ESA - Work Related Activity Appeal
- Stephen C Williams
- Topic Author
8 years 2 months ago #151011 by Stephen C Williams
ESA - Work Related Activity Appeal was created by Stephen C Williams
Hi,
I am preparing an appeal with my wife who claims ESA and has been placed in the Work Related Activity group and we believe she should be in the Support group. The claim was initially made 06/01/2015 and we had an Atos assessment 30/10/2015 (intial assessment cancelled 16/10/2015 with 30 mins to go). The result was that my wife scored 15 points and placed in the Work Related Activity group. She and I believe that she should have been placed in the Support group and the following 'inconsistencies' occurred:-
An updated ESA 50 with further medical conditions was supplied to Atos prior to the assessment 30/10/2015 - original was from 06/01/2015 - this was not used for the assessment
No discussion or questions regarding my wife's newer health conditions (and day to day effects) were brought up in the assessment - all based on the earlier ESA50.
The DWP's 'Health Professional' was inconsistent and stated my wife's medication was for another condition and that she attempted certain physical tests when she did not.
That her physical health problems would be 'sorted' within a year of the assessment if she partook in the said 'Work Related Activity' - unless they have healing hands, I find this statement unbelievable.
My wife has not worked since the late 90's, has worn discs in her spine, osteoporosis, bronchiestasis and was diagnosed with fibromyalgia prior to the Atos assessment on 30/10/2015. She is 60 later this year. She also receives the basic level of PIP and I claim Carers Allowance for her.
Wehave tried to obtain advice regarding an appeal from the local Citizen's Advice Bureau but unfortunately they are limited due to funding and there is no assistance or advice from local law centre or solicitors. As a member I have downloaded your excellent Guides and we are (naturally) a bit anxious on having to go to court to present our appeal.
We just want to go to the appeal and present a good, logocal case and not get stitched up. Any further advice as to how to proceed would be most helpful
I am preparing an appeal with my wife who claims ESA and has been placed in the Work Related Activity group and we believe she should be in the Support group. The claim was initially made 06/01/2015 and we had an Atos assessment 30/10/2015 (intial assessment cancelled 16/10/2015 with 30 mins to go). The result was that my wife scored 15 points and placed in the Work Related Activity group. She and I believe that she should have been placed in the Support group and the following 'inconsistencies' occurred:-
An updated ESA 50 with further medical conditions was supplied to Atos prior to the assessment 30/10/2015 - original was from 06/01/2015 - this was not used for the assessment
No discussion or questions regarding my wife's newer health conditions (and day to day effects) were brought up in the assessment - all based on the earlier ESA50.
The DWP's 'Health Professional' was inconsistent and stated my wife's medication was for another condition and that she attempted certain physical tests when she did not.
That her physical health problems would be 'sorted' within a year of the assessment if she partook in the said 'Work Related Activity' - unless they have healing hands, I find this statement unbelievable.
My wife has not worked since the late 90's, has worn discs in her spine, osteoporosis, bronchiestasis and was diagnosed with fibromyalgia prior to the Atos assessment on 30/10/2015. She is 60 later this year. She also receives the basic level of PIP and I claim Carers Allowance for her.
Wehave tried to obtain advice regarding an appeal from the local Citizen's Advice Bureau but unfortunately they are limited due to funding and there is no assistance or advice from local law centre or solicitors. As a member I have downloaded your excellent Guides and we are (naturally) a bit anxious on having to go to court to present our appeal.
We just want to go to the appeal and present a good, logocal case and not get stitched up. Any further advice as to how to proceed would be most helpful
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
8 years 2 months ago #151031 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA - Work Related Activity Appeal
S
Welcome to the forum.
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
Before you can appeal you must first request a Mandatory Reconsideration from the DWP, this should be done in writing to the DWP office dealing with your wife's claim.
Have a look at the ESA Appeal guide for more information on the process.
www.benefitsandwork.co.uk/help-for-claimants/esa1
Have you identified which Support Group Descriptors your wife would meet? Whether you are at MR or appeal you will need to show that she meets at least one of the criteria for the SG to make it worth your challenging the WRAG award.
If you have any specific questions then please reply to this post and we will do our best to help.
Gordon
Welcome to the forum.
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
Before you can appeal you must first request a Mandatory Reconsideration from the DWP, this should be done in writing to the DWP office dealing with your wife's claim.
Have a look at the ESA Appeal guide for more information on the process.
www.benefitsandwork.co.uk/help-for-claimants/esa1
Have you identified which Support Group Descriptors your wife would meet? Whether you are at MR or appeal you will need to show that she meets at least one of the criteria for the SG to make it worth your challenging the WRAG award.
If you have any specific questions then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Stephen C Williams
- Topic Author
8 years 2 months ago #151187 by Stephen C Williams
Replied by Stephen C Williams on topic ESA - Work Related Activity Appeal
Hi Gordon,
Many thanks for your swift response. To be quite simplistic, is it just a case of assessing what further descriptors apply to my wife and argue on the points that we believe should have been awarded, or do we also include and highlight the inconsistencies and contradictions in the DWP/Atos assessment findings? We have asked for an MR twice and this has been declined, hence the appeal process.
Sincere Regards, Steve.
Many thanks for your swift response. To be quite simplistic, is it just a case of assessing what further descriptors apply to my wife and argue on the points that we believe should have been awarded, or do we also include and highlight the inconsistencies and contradictions in the DWP/Atos assessment findings? We have asked for an MR twice and this has been declined, hence the appeal process.
Sincere Regards, Steve.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51077
8 years 2 months ago #151198 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA - Work Related Activity Appeal
S
Do you have a Mandatory Reconsideration Notice from the DWP, if you do then you can proceed to appeal?
The Appeal guide has links to the form that you will need to complete to request an appeal, it also explains how to complete it.
Your primary goal is to show that your wife meets one or more the Descriptors for the Support Group, there is no point your requesting an appeal unless you can do this.
As a secondary activity you should deal with any discrepancies you feel that there are in the assessment report. .
It can be tempting to deal with all of the issues you see in the report, but you need to think tactically, commenting on factual inaccuracies will usually be more effective than casting doubt on the veracity of the assessors opinions. Deal with issues that are relevant to her getting an award, as an example the assessors spelling ability, or lack of it, isn't going to make a difference as to whether she will be placed in the SG or not.
Gordon
Do you have a Mandatory Reconsideration Notice from the DWP, if you do then you can proceed to appeal?
The Appeal guide has links to the form that you will need to complete to request an appeal, it also explains how to complete it.
Your primary goal is to show that your wife meets one or more the Descriptors for the Support Group, there is no point your requesting an appeal unless you can do this.
As a secondary activity you should deal with any discrepancies you feel that there are in the assessment report. .
It can be tempting to deal with all of the issues you see in the report, but you need to think tactically, commenting on factual inaccuracies will usually be more effective than casting doubt on the veracity of the assessors opinions. Deal with issues that are relevant to her getting an award, as an example the assessors spelling ability, or lack of it, isn't going to make a difference as to whether she will be placed in the SG or not.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris