emploment and support allowance

wendy wrote:

hiya
i was awarded employment support and allowance scored 15 points sent letter from my doctor, now sent a letter from concultant and they have taken the points from me. i have appealed and now waiting for a date.carnt believe i have had my points taken from me. can i still send in further evedience in becaause i got another mir scan in december.

in the mean while i had to apply for my dla i was on lower rate care and higher rate mobility and they have awarded me , higher rate care and higher rate mobility, without and medicials or anything , so hows that work out .

thanks guys wendy

It's not clear from your posts why you submitted further evidence, were you trying to be placed in the Support Group?

If you appealed the original Decision (15 points) then your case should now be sent to the Tribunal Service.

If you have only appealed the new Decision (0 points), then the DWP will first carry out a Reconsideration, if this fails they will then send your papers to the Tribunal Service.

It is important that you have lodged a formal Appeal, not a Reconsideration as you will only be paid the ESA Assessment for the former.

You will also need to provide up to date Fit Notes from the date of the second Decision until a new Decision on your claim is made.

If your claim is now with, or should be with, the Tribunal Service then you should submit any further evidence to them, although you may need to wait until they have contacted them.

If it is still with the DWP, then you should send anything new to the DWP office dealing with your claim, marked for the attenion of the Decision Maker, see

Sending Documents to the DWP or ATOS

If you have more questions, please reply to this thread.

Gordon

wendy wrote:

hi gorden
i just sent in the extra edience as i get it from my concultant, i am allready appealing to go to the support group.

i had a letter to saying that i am no longer assessed as having limited capability for work and she has not achieved 15 points from the appropriate descriptors .

i have phoned them and i am just waiting for a date for my appeal , can you help me plz , what do i do now thanks wendy

In case you missed it, you will now need to send in Fit Notes to be paid the ESA Assessment rate.

I would recommend you get face to face advice from your CAB or Welfare Rights office, try Googling "welfare advice" with your town or county.

Unfortunately, the consultants letter is now part of the evidence that the DWP will submit to the Tribunal Service, so you need to understand why this caused the removal of all of your points, so that you can look at how you counter it.

I'm sorry if I am stating the obvious, but you can longer concentrate on showing why you should be in the Support Group, although you should not ignore this, you also need to show why you would qualify for the WRAG.

This means going back to basics. I don't know if you used our guides originally, but even if you did, I would go back to them and effectively re-write your ESA50.

Remember, you can only include details that relate your condition at the time of the Decision, not as it is now.

Best of luck

Gordon