Why would decision be superseded?

I am confused by the decision being 'superseded' and why? Does this mean that HCP and a DM thought I did not meet WRAG?

HCP ESA85A report states XXXXXXXX meets limited capability for work.

Appeal paper entries of DWP:

Date one: HCP opinion is XXXX does not meet any of descriptors of limited capability for work related activity.

No date entered: DM assesses XXXXX did not have limited capability for work related activity.

Dated 3 wks later entry: DM superseded decision and awarded XXXXX ESA. (This is date is before I received the initial letter informing me I was placed in ESAWRAG)

del wrote: I am confused by the decision being 'superseded' and why? Does this mean that HCP and a DM thought I did not meet WRAG?

HCP ESA85A report states XXXXXXXX meets limited capability for work.

Appeal paper entries of DWP:

Date one: HCP opinion is XXXX does not meet any of descriptors of limited capability for work related activity.

No date entered: DM assesses XXXXX did not have limited capability for work related activity.

Dated 3 wks later entry: DM superseded decision and awarded XXXXX ESA. (This is date is before I received the initial letter informing me I was placed in ESAWRAG)

Hi d,

"HCP ESA85A report states XXXXXXXX meets limited capability for work."

This is the HCP making a recommendation of LCW (WRAG)

"Date one: HCP opinion is XXXX does not meet any of descriptors of limited capability for work related activity."

Is stating that the HCP considers that you do not fulfill any of The SG descriptors, and therefore do not have LCWRA.

"No date entered: DM assesses XXXXX did not have limited capability for work related activity."

The DM is agreeing that you don't have LCWRA needed for SG entry.

"Dated 3 wks later entry: DM superseded decision and awarded XXXXX ESA. (This is date is before I received the initial letter informing me I was placed in ESAWRAG)"

The DM has looked again at the LCW WRAG decision, and decided that it should stand.

Nowhere does it state that you should not be in The WRAG, it states a recommendation/decision of LCW/WRAG, and that you do not have LCWRA/SG.

bro58

bro58 wrote:

del wrote: I am confused by the decision being 'superseded' and why? Does this mean that HCP and a DM thought I did not meet WRAG?

HCP ESA85A report states XXXXXXXX meets limited capability for work.

Appeal paper entries of DWP:

Date one: HCP opinion is XXXX does not meet any of descriptors of limited capability for work related activity.

No date entered: DM assesses XXXXX did not have limited capability for work related activity.

Dated 3 wks later entry: DM superseded decision and awarded XXXXX ESA. (This is date is before I received the initial letter informing me I was placed in ESAWRAG)

Hi d,

"HCP ESA85A report states XXXXXXXX meets limited capability for work."

This is the HCP making a recommendation of LCW (WRAG)

"Date one: HCP opinion is XXXX does not meet any of descriptors of limited capability for work related activity."

Is stating that the HCP considers that you do not fulfill any of The SG descriptors, and therefore do not have LCWRA.

"No date entered: DM assesses XXXXX did not have limited capability for work related activity."

The DM is agreeing that you don't have LCWRA needed for SG entry.

"Dated 3 wks later entry: DM superseded decision and awarded XXXXX ESA. (This is date is before I received the initial letter informing me I was placed in ESAWRAG)"

The DM has looked again at the LCW WRAG decision, and decided that it should stand.

Nowhere does it state that you should not be in The WRAG, it states a recommendation/decision of LCW/WRAG, and that you do not have LCWRA/SG.

bro58

Thanks bro58 for taking the time to explain. That's a relief to know as I hadn't realised DMs looked at cases more than once prior to notifying claimants of their decision. Learning slowly as I go along.

Just reading another section where it states the decision made over 2 years ago has also been superseded at time of this assessment which I take it was because it was a review and not a new claim.

Limited capability for work, work related activity all very confusing

Hi d,

Yes, it can be very confusing !!

A superceding decision is basically a fresh decision that overrides (supercedes) the previous one.

So when claimants are transferred over to ESA from IB, IS or SDA, that is classed as a superceding decision.

When a fresh decision is made as a result of a review/reassessment, that is also classed as a superceding decision, etc,etc.

Being assessed as having Limited Capability for Work (LCW) = WRAG

Being assessed as having Limited Capability for Work Related Activity (LCWRA) = SG.

WRAG (LCW)Schedule 2 Descriptors

SG (LCWRA)Schedule 3 Descriptors

ESA Reg 29 for entry to The WRAG (LCW)

PLUS Post 28/01/13 Amendment of :

(3) Paragraph (2)(b) does not apply where the risk could be reduced by a significant amount by—

(a)reasonable adjustments being made in the claimant’s workplace;

or

(b)the claimant taking medication to manage the claimant’s condition where such medication has been prescribed for the claimant by a registered medical practitioner treating the claimant.”.

From :

www.legislation.gov.uk/uksi/2012/3096/regulation/3/made

ESA Reg 35 for entry to The SG (LCWRA)

PLUS Post 28/01/13 Amendment of :

(3) In regulation 35(1) (certain claimants to be treated as having limited capability for work-related activity)(6), for sub-paragraph (b) substitute—

“(b)the claimant is-

(i)receiving treatment for cancer by way of chemotherapy or radiotherapy;

(ii)likely to receive such treatment within six months after the date of the determination of capability for work-related activity; or

(iii)recovering from such treatment,

and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work-related activity; or”.

From :

www.legislation.gov.uk/uksi/2012/3096/regulation/4/made

ATOS and The DWP DM will first look at whether you score the minumum requisite 15 points from The Scedule 2 WRAG descriptors to see whether you have LCW.

If you do, they will then look at whether you also fulfill at least one of the SG Schedule 3 descriptors to also award LCWRA.

If you don't fulfill any of the Functional Descriptors as above, they should then look at whether you qualify under either of the Non Functional Descriptors at ESA Regs 29 & 35.

Hope that helps to clarify it for you.

bro58