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TOPIC: ESA Appeal- Confused again!

Re:ESA Appeal- Confused again! 5 years 11 months ago #72346

do any moderators have any thoughts on what i was told today re MEETS THE THRESHOLD ??

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Re:ESA Appeal- Confused again! 5 years 11 months ago #72348

greeneyedlad wrote:

do any moderators have any thoughts on what i was told today re MEETS THE THRESHOLD ??

To be placed in the WRAG, as I'm sure you know, you need to score a minimum of 15 points or meet one of the other criteria.

I can only assume that the person you spoke to means by your "meeting the threshhold", that you achieved this.

Whilst it is becoming increasingly clear that the ESA65 is only issued when the claimant is found Fit for Work, it does not sound reasonable that a DWP Decision Maker, does not have to complete some form of documentation indicating what points have been scored, for what descriptors. This is currently the subject to an FOI request by B&W.

Our concern is that DM's are simply counting the points scored until they reach 15, and going no further. Whilst scoring more than 15 points has no relevance for the WRAG, many of the WRAG descriptor (scoring 15 points) correspond to Support Group descriptors.

This would go a long way to explaining the number of IB transfers that are being put straight into the WRAG, only to be moved into the SG on appeal.

Gordon

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

Re:ESA Appeal- Confused again! 5 years 11 months ago #72352

gordon

i totally agree, thats 1 thing i remember her saying now, that it didnt matter anyway if i scored 15 points or 40 points cause anything over 15 was irrelevent. i agreed at the time but your right she couldnt understand my point that i still wanted to know on what descripters i was given points, as you say they may correspond to support group descriptors.

the other thing that might be in my favour at tribunal was the mix up with the letters. had i recieved the correct letter first saying they had recieved my appeal & could i please provide further info, this may have changed the Dms decision at reconsideration, instead i recieved this letter after i recieved the letter telling me the award had not been changed & it was going to tribunal now.

martin

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Re:ESA Appeal- Confused again! 5 years 11 months ago #72387

Hi Martin,

I think it is also very important for all on DLA H/M and H/C to see exactly what they have been awarded to ensure this does not go against ones existing DLA claim, hence, i have insisted on all ESA info to be supplied so that i can see that it does not affect my husbands existing indefinate DLA award, although they say that the two are completely seperate, but i would not take that risk!!!!!

Radhika.

Radhika.

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Re:ESA Appeal- Confused again! 5 years 11 months ago #72391

Martin,

I hope you do not mind me asking, but did you have to attend all WFI in person as my husband definately will not be able to cope as he has Dysthasia and Aphasia(word finding and clearly understanding difficulties) as a result of two head injuries.
I was wondering could i ask for a home visit???

Radhika.

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Re:ESA Appeal- Confused again! 5 years 11 months ago #72394

radhika

i dont want to worry you but the is a DLA risk, its states "DLA Alert" on certain questions in the B&W Guides when filling in the ESA50. iv been worried about that too, but then you could always argue the other way round also. see thread "ESA Wrag=Lose DLA High Rate Care" & michaelg & pete17971 & chris29 posts.

yes you can ask for a home visit or for the WFI to be deffered. my first one is on 8/11/11 & i think that one must be done face to face but not sure, im going to ring & ask them.

martin

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Moderators: bro58GordonMrs Hurtyback