Points scored ?

Hi, I have recieved my ESA85A and there is no points awarded mentioned on the form at all. Just advice that I have met criteria for limited capability for work and a prognosis that I could be considered to return to work within 12 months. (even though I have not worked for 23 years)I telephoned and was told that when you do not have an assesment,all I need to know is that I got over 15 points, is this normal ? Also told that you need 10 points for mental health and 15 for phsyical.I filled in the ESA50 thoroughly with the help of your guides and I believe that at I meet at least three of the descriptors, but DM is saying by reason of my mental health condition none of the descriptors set out in schedule 3 to the ESA regulations apply and I have been placed in the WRAG. I am appealing and I was wondering if you had any extra advice that you could give to me to help, thank you.

noel wrote:

Hi, I have recieved my ESA85A and there is no points awarded mentioned on the form at all. Just advice that I have met criteria for limited capability for work and a prognosis that I could be considered to return to work within 12 months. (even though I have not worked for 23 years)I telephoned and was told that when you do not have an assesment,all I need to know is that I got over 15 points, is this normal ? Also told that you need 10 points for mental health and 15 for phsyical.I filled in the ESA50 thoroughly with the help of your guides and I believe that at I meet at least three of the descriptors, but DM is saying by reason of my mental health condition none of the descriptors set out in schedule 3 to the ESA regulations apply and I have been placed in the WRAG. I am appealing and I was wondering if you had any extra advice that you could give to me to help, thank you.

Hi n,

Unfortunately this vague information seems to be the norm when it comes to the ESA85A.

Once the assessing ATOS HCP decides that you have scored at least the 15 points required cumulitively across all the descriptors, they tend to leave it at that, and recommend WRAG.

Therefore, it is a minimum of 15 points cumulitively across all the descriptors, and not the 10 and 15 respectively that you quote.

The DM is saying that you did not qualify for SG by fulfilling at least one of the SG Descriptors (Schedule 3) see : www.legislation.gov.uk/uksi/2011/228/schedule/2/made?view=plain

It may help if you read this post that I did earlier on :

www.benefitsandwork.co.uk/forum?func=vie...id=10&id=94863#94875

bro58

Thank you bro58 for reply, I have suffered with a mental condition all my life. I cannot cope with any change and I do not socialise because I get so nervous and I do not want to meet or talk to peaple. Also I believe that I meet the descriptor about having on a daily basis uncontrollable episodes of aggresive or disinhibited behaviour that would deffinatly be unreasonable in any workplace.
I stated all this on the ESA50, so I cannot understand why DM didnt say that I met at least one of the above descriptors.

Also the ATOS HCP who did the ESA85A was just a registered nurse !
Surely with someone having mental health problems, proper doctors should be used.

noel wrote:

Thank you bro58 for reply, I have suffered with a mental condition all my life. I cannot cope with any change and I do not socialise because I get so nervous and I do not want to meet or talk to peaple. Also I believe that I meet the descriptor about having on a daily basis uncontrollable episodes of aggresive or disinhibited behaviour that would deffinatly be unreasonable in any workplace.
I stated all this on the ESA50, so I cannot understand why DM didnt say that I met at least one of the above descriptors.

Hi n,

If you appeal, reiterate again why you feel that you qualify for the SG, even mentions the descriptors that you feel apply to you. back this up with as much evidence as possible.

There is a chance that the adverse decision may be changed at the automatic reconsideration stage, as a different DM will go over your information.

bro58

noel wrote:

Also the ATOS HCP who did the ESA85A was just a registered nurse !
Surely with someone having mental health problems, proper doctors should be used.

Hi n,

ATOS HCP's can be Nurses, Midwives, OT's Physiothrapists, or Doctors. Atos state that all the above receive specialised training in "Disability Analysis", therefore they are all classed as "Approved Disability Analysts".

ATOS do claim to use HCP's who have had specific traing in assessing claimants with mental health issues, they call these "Mental Health Champions"

Have a read of the ATOS Website :http://www.atoshealthcare.com/claimants

bro58