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APPEALS PROCESS FIRST STEPS.

  • Biffer
12 years 7 months ago #73852 by Biffer
Replied by Biffer on topic Re:APPEALS PROCESS FIRST STEPS.
Thank you Bro' and Crazy D for answering my query on who makes the decision regarding WRAG or SG. I'm clear now as to who's decision I'm challenging.

Now then, I never thought I'd find myself saying this, but since many of us have been placed in WRAG without a medical assessment (i.e., based entirely on the ESA50 questionnaire), do we have the right to ask for a proper face-to-face Atos medical? Apart from the added stress this would cause, is there a chance that this could backfire on us?

As to the 'human rights' issue ... well ... I'll leave it up to individuals to take on board the implications of that.

Thanks in advance!

Biffer

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12 years 7 months ago #73861 by article
Replied by article on topic Re:APPEALS PROCESS FIRST STEPS.
Has the ESA50 questionaire been taken into account biffer?. or has it just been filled away pending an appeal?.

I think you make a good point, why dont we all request a mediical from ATOS.!!

Im certainly up for that and they can then see how I shake from head to toe.

Theirs alot that can been seen from eye contact.

regards a.

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  • Biffer
12 years 7 months ago #73867 by Biffer
Replied by Biffer on topic Re:APPEALS PROCESS FIRST STEPS.
article wrote:

Has the ESA50 questionaire been taken into account biffer?. or has it just been filled away pending an appeal?.

I think you make a good point, why dont we all request a mediical from ATOS.!!

Im certainly up for that and they can then see how I shake from head to toe.

Theirs alot that can been seen from eye contact.

regards a.


Hi A,

I'm assuming the ESA50 must at least have been looked at (though obviously I can't tell how closely). My personal gripe is that they've placed me in WRAG when I feel that I qualify on several descriptors, plus Exceptional Circumstances, for SG. Perhaps all will be clearer (perhaps) when I finally get to see my ESA85A???

Biffer

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  • Biffer
12 years 7 months ago #73873 by Biffer
Replied by Biffer on topic Re:APPEALS PROCESS FIRST STEPS.
Biffer wrote:

Now then, I never thought I'd find myself saying this, but since many of us have been placed in WRAG without a medical assessment (i.e., based entirely on the ESA50 questionnaire), do we have the right to ask for a proper face-to-face Atos medical? Apart from the added stress this would cause, is there a chance that this could backfire on us?


Hi All,

Just thought of an additional question on this topic:-

If we cannot (or don't want to) ask for a proper face-to-face medical assessment, can we at least ask that, in the case of claimants with mental health problems, our ESA50s are reviewed on appeal by a mental health specialist?

Many thanks!

Biffer

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12 years 7 months ago #73916 by greeneyedlad
Replied by greeneyedlad on topic Re:APPEALS PROCESS FIRST STEPS.
Bro

so the ESA85 is filled in by the atos hpc at a medical.
the ESA85a is filled in by the atos hpc without a medical.

is the ESA56 (worksheet for the work capability assessment) filled in by the DM?
mine says "met the threshold" & "treated as having limited capacity for work"
whats the LT54(DMACR)?
its also signed by the same person who signed the ESA56 & says "conversion decision(LWC placed in WRAG)" & that my existing award will be converted to ESA on 29/9/11.
is this the DMs statement of reasons sheet?

thats all the paperwork iv been sent :(

many thanks

martin

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12 years 7 months ago #73926 by Gordon
Replied by Gordon on topic Re:APPEALS PROCESS FIRST STEPS.
Martin

The ESA56 appears to be the Decision Makers score sheet.

The LT54 is filled in whenever a Reconsideration / Revision of a Decision is done.

Gordon

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

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