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Appeal send more info now or wait.

  • fithgear
  • Topic Author
11 years 4 months ago - 11 years 4 months ago #95761 by fithgear
Appeal send more info now or wait. was created by fithgear
After being awarded ESA WRAG without a medical, I decided to appeal as I thought I would have gotten into the support group not able to mobilize for more than 50 meters. The only info I have received back so far is the decision makers medical report.
The report says evidence suggests that the client has a significant level of disability due to arthritis.
And his gp letter confirm significant mobility problems.
Then he goes on to say the available evidence does not suggest death within 6 month is likely to occur
Not recovering from intravenous or chemo etc
But no mention of how he came to my mobility evidence or how his decision was based on or points etc.
Do I now wait until the reconsideration and if that is not successful I should then get all the papers in how the decision was made. And will be able to go back to my gp and consultants.
Or do I get another letter from my gp now to elaborate on my mobility problems my gp has said I cannot walk more than 15 meters.
My other three consultants have said I cannot mobilize for more than 15 meters.
But my consultants letters were not mentioned in the decision makers medical report.
Should I now just wait to find out how they have come to this decision.

Thanks. :)
Last edit: 11 years 4 months ago by bro58.

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  • bro58
11 years 4 months ago - 11 years 4 months ago #95768 by bro58
Replied by bro58 on topic Re:Appeal send more info now or wait.
fithgear wrote:

After being awarded ESA WRAG without a medical, I decided to appeal as I thought I would have gotten into the support group not able to mobilize for more than 50 meters. The only info I have received back so far is the decision makers medical report.
The report says evidence suggests that the client has a significant level of disability due to arthritis.
And his gp letter confirm significant mobility problems.
Then he goes on to say the available evidence does not suggest death within 6 month is likely to occur
Not recovering from intravenous or chemo etc
But no mention of how he came to my mobility evidence or how his decision was based on or points etc.
Do I now wait until the reconsideration and if that is not successful I should then get all the papers in how the decision was made. And will be able to go back to my gp and consultants.
Or do I get another letter from my gp now to elaborate on my mobility problems my gp has said I cannot walk more than 15 meters.
My other three consultants have said I cannot mobilize for more than 15 meters.
But my consultants letters were not mentioned in the decision makers medical report.
Should I now just wait to find out how they have come to this decision.

Thanks. :)


Hi fg,

It sounds like you have received copy of your ESA85A medical report. These can be very vague, as we have seen many times on the forum.

If you want a to stand a chance of the WRAG decision being changed in your favour at the automatic reconsideration stage, therefore negating the need of a lengthy wait for an appeal hearing, you should provide as much relevant evidence as you can ASAP.

If your G.P. and treating HCP's are going to provide letters/reports supporting the fact you qualify for the SG on the Mobilising descriptor, it would be better if they can reference limitations that you would have with regards to using a manual wheelchair unaided, as well as walking limitations. If they can also mention that they do not recommend the use of a self propelled wheelchair unaided for any medical reasons, this would help further.

With regards to further DWP ESA documents that may give you more information as to why you were placed in the WRAG, there should be an LT54, there could be an : ESA113 if they sent one to your G.P. and there could also be an : ESA72 Form

For a fuller list of potentially available forms, see :

ESA Forms

&

ESA medical – what forms to ask for?

You can request the above over the phone by ringing the office that deals with your ESA, we do advise that you back up this verbal request in writing.

Don't wait to provide any fresh evidence as discussed previously. if you haven't received any of the ESA Docs that you may request.

You may wish to review : Qualifying for the Support Group , and our : ESA Claims Guides .

bro58
Last edit: 11 years 4 months ago by bro58.

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  • fithgear
  • Topic Author
11 years 4 months ago - 11 years 4 months ago #95769 by fithgear
Replied by fithgear on topic Re:Appeal send more info now or wait.
bro58 wrote:

fithgear wrote:

After being awarded ESA WRAG without a medical, I decided to appeal as I thought I would have gotten into the support group not able to mobilize for more than 50 meters. The only info I have received back so far is the decision makers medical report.
The report says evidence suggests that the client has a significant level of disability due to arthritis.
And his gp letter confirm significant mobility problems.
Then he goes on to say the available evidence does not suggest death within 6 month is likely to occur
Not recovering from intravenous or chemo etc
But no mention of how he came to my mobility evidence or how his decision was based on or points etc.
Do I now wait until the reconsideration and if that is not successful I should then get all the papers in how the decision was made. And will be able to go back to my gp and consultants.
Or do I get another letter from my gp now to elaborate on my mobility problems my gp has said I cannot walk more than 15 meters.
My other three consultants have said I cannot mobilize for more than 15 meters.
But my consultants letters were not mentioned in the decision makers medical report.
Should I now just wait to find out how they have come to this decision.

Thanks. :)


Hi fg,

It sounds like you have received copy of your ESA85A medical report. These can be very vague, as we have seen many times on the forum.

If you want a to stand a chance of the WRAG decision being changed in your favour at the automatic reconsideration stage, therefore negating the need of a lengthy wait for an appeal hearing, you should provide as much relevant evidence as you can ASAP.

If your G.P. and treating HCP's are going to provide letters/reports supporting the fact you qualify for the SG on the Mobilising descriptor, it would be better if they can reference limitations that you would have with regards to using a manual wheelchair unaided, as well as walking limitations. If they can also mention that they do not recommend the use of a self propelled wheelchair unaided for any medical reasons, this would help further.

With regards to further DWP ESA documents that may give you more information as to why you were placed in the WRAG, there should be an LT54, there could be an : ESA113 if they sent one to your G.P. and there could also be an : ESA72 Form

For a fuller list of potentially available forms, see :

ESA Forms

&

ESA medical – what forms to ask for?

You can request the above over the phone by ringing the office that deals with your ESA, we do advise that you back up this verbal request in writing.

Don't wait to provide any fresh evidence as discussed previously if you haven't received any of the ESA Docs that you may request.

You may wish to review : Qualifying for the Support Group , and our : ESA Claims Guides .

bro58


Thanks for your kind help bro58 I have asked for all there files on my esa claim with a subject access request,So I hope that this will flush out everything they have written etc.
I really need to know how they have come to there decision before I can argue my side. But I think I will visit my gp and submit further info thanks again. :)
Last edit: 11 years 4 months ago by bro58.

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  • Karlo
11 years 4 months ago - 11 years 4 months ago #95772 by Karlo
Replied by Karlo on topic Re:Appeal send more info now or wait.
I've appealed after Bro's pep talk lol and although I've not received the ESA85A back i'm pretty certain mine will be a carbon copy of yours, fithgear.

Although I'm rather concerned as I sent my GL24 back and a covering letter via registered post on Friday and it's still showing it's in the Royal Mail system for processing.
Last edit: 11 years 4 months ago by bro58.

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  • bro58
11 years 4 months ago - 11 years 4 months ago #95774 by bro58
Replied by bro58 on topic Re:Appeal send more info now or wait.
fithgear wrote:

bro58 wrote:

fithgear wrote:

After being awarded ESA WRAG without a medical, I decided to appeal as I thought I would have gotten into the support group not able to mobilize for more than 50 meters. The only info I have received back so far is the decision makers medical report.
The report says evidence suggests that the client has a significant level of disability due to arthritis.
And his gp letter confirm significant mobility problems.
Then he goes on to say the available evidence does not suggest death within 6 month is likely to occur
Not recovering from intravenous or chemo etc
But no mention of how he came to my mobility evidence or how his decision was based on or points etc.
Do I now wait until the reconsideration and if that is not successful I should then get all the papers in how the decision was made. And will be able to go back to my gp and consultants.
Or do I get another letter from my gp now to elaborate on my mobility problems my gp has said I cannot walk more than 15 meters.
My other three consultants have said I cannot mobilize for more than 15 meters.
But my consultants letters were not mentioned in the decision makers medical report.
Should I now just wait to find out how they have come to this decision.

Thanks. :)


Hi fg,

It sounds like you have received copy of your ESA85A medical report. These can be very vague, as we have seen many times on the forum.

If you want a to stand a chance of the WRAG decision being changed in your favour at the automatic reconsideration stage, therefore negating the need of a lengthy wait for an appeal hearing, you should provide as much relevant evidence as you can ASAP.

If your G.P. and treating HCP's are going to provide letters/reports supporting the fact you qualify for the SG on the Mobilising descriptor, it would be better if they can reference limitations that you would have with regards to using a manual wheelchair unaided, as well as walking limitations. If they can also mention that they do not recommend the use of a self propelled wheelchair unaided for any medical reasons, this would help further.

With regards to further DWP ESA documents that may give you more information as to why you were placed in the WRAG, there should be an LT54, there could be an : ESA113 if they sent one to your G.P. and there could also be an : ESA72 Form

For a fuller list of potentially available forms, see :

ESA Forms

&

ESA medical – what forms to ask for?

You can request the above over the phone by ringing the office that deals with your ESA, we do advise that you back up this verbal request in writing.

Don't wait to provide any fresh evidence as discussed previously if you haven't received any of the ESA Docs that you may request.

You may wish to review : Qualifying for the Support Group , and our : ESA Claims Guides .

bro58


Thanks for your kind help bro58 I have asked for all there files on my esa claim with a subject access request,So I hope that this will flush out everything they have written etc.
I really need to know how they have come to there decision before I can argue my side. But I think I will visit my gp and submit further info thanks again. :)


Hi fg,

There may well be the documents that I have mentioned above, however don't expect to find much more detail than you already have, as to why you were placed into the WRAG. Once they have come to the opinion that you have scored at least the minimum 15 points required cumulitively for WRAG entry, and do not qualify for The SG under any of the Functional Descriptors in Schedule 3, or The Exceptional Circumstances rules as in Reg 35, they tend to leave it at that.

You should be able to find out the length of the "prognosis" (expected length of time before you are reassessed)

Good luck and please let us know how things progress.

bro58
Last edit: 11 years 4 months ago by bro58.

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11 years 4 months ago #95775 by Pipp
Replied by Pipp on topic Re:Appeal send more info now or wait.
I too am appealing to go to support group from WRAG. My ESA was decided without medical assessment. The ESA 85A was very short, and although the DM mentioned Med 3 and previous report they only sent me ESA85A and a copy of my ESA 50 when I sent a SAR. So I wouldn't count on getting much more info from DWP. Just get as much evidence, from any source as you can to support your claim for meeting the mobilizing descriptor, and use it creatively.

Best of luck with it.

P.C.

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