decision appeal

thanks again for your previous reply, the descriptor rules are confusing me a little, on my esa 85 i scored 15pts manual dexterity, 9pts mobilisation, and 6pts standing and sitting as previously stated i appealed on the prognosis of two years unlikely to work, on reflection i should have appealed on the mobility, i walked with difficulty to the examination room which was nowhere near 50m and i put on my esa 50 difficulty walking 50metres, and the hcp has me down as 100metres in her report as i say the descriptors are very confusing also i should maybe have put manual dexteriy in my appeal,thank you.

magpiejoe08 wrote:

thanks again for your previous reply, the descriptor rules are confusing me a little, on my esa 85 i scored 15pts manual dexterity, 9pts mobilisation, and 6pts standing and sitting as previously stated i appealed on the prognosis of two years unlikely to work, on reflection i should have appealed on the mobility, i walked with difficulty to the examination room which was nowhere near 50m and i put on my esa 50 difficulty walking 50metres, and the hcp has me down as 100metres in her report as i say the descriptors are very confusing also i should maybe have put manual dexteriy in my appeal,thank you.

Hi mpj08,

It would help the MODS if you posted related queries on the same thread, otherwise we have to go back through your previous threads to gain an idea of your problems.

Once you start a thread, you can easily find it again it you hit the "Favourite" button above the thread, you will see that a Gold star will then appear on the thread. To quickly find it again simply hit the "My Discussions" button above the thread. Failing that, click on your forum name when it is flashing green and all your previous threads will come up.

If you scored 15 points for manual dexterity it must have been for "5. (b) Cannot pick up a £1 coin or equivalent with either hand."

Which can be seen in the WRAG descriptors here, at 5. Manual dexterity :

www.legislation.gov.uk/uksi/2011/228/schedule/1/made?view=plain

As if you had scored 15 points in the only other way possible, with 5. (a)

Cannot either:
(i) press a button, such as a telephone keypad; or
(ii) turn the pages of a book
with either hand.

As this is also a qualifying descriptor for entry to the SG, as seen at 5. Manual dexterity, here :

www.legislation.gov.uk/uksi/2011/228/schedule/2/made?view=plain

You would have been placed into the SG.

The ATOS HCP will make their own assumptions as to your limitations, from observations made at the face to face, and from answers that you may have given to some "Loaded" questions.

For example, they may ask, do you watch T.V.? you may say "Yes", then they may say, Which programmes do you watch ?
You may answer Eastenders.

From your answer, they could assume, that you can sit for at least 30 minutes, and concentrate for the same period.

Similarly, if you said that you shop at the Supermarket, they may assume that you can Mobilise at least 200 metres.

These scenarios are all explained in our ESA Claim Guides and in The WCA Handbook on the same page :

ESA Guides

The best way to tackle it is to have a look at the SG Descriptors and describe how and why you feel that you qualify for at least one of them, (Mention all that you think applicable though).

Have a look at : Qualifying for the Support Group

ESA FAQ’s

Appeals FAQ’s

bro58