Appeal send more info now or wait.

bro58 wrote:

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

They have informed me in the medical report the client is not expected to return to work for at least two year.I really feel I should be in the support group due to my mobility problems.I thought they had to show why they had not awarded the support group for mobility etc, through a points system.If not then They have not completed due process,thanks again.

Karlo wrote:

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.

Hi k,

I wouldn't be to concerned yet regarding your GL24 not showing up as delivered, this has happened to quite a few of our members, only for it show as delivered a few days later. If this doesn't happen you can ring Royal Mail for confirmation, again some of our members have had to do this.

bro58

fithgear wrote:

bro58 wrote:

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

They have informed me in the medical report the client is not expected to return to work for at least two year.I really feel I should be in the support group due to my mobility problems.I thought they had to show why they had not awarded the support group for mobility etc, through a points system.If not then They have not completed due process,thanks again.

Ah, so you have the prognosis fg.

Unfortunately, they do not have to go into any great detail, we have seen this vagueness on many, many occassions with our members.

bro58

So could I argue due process has not ben carried out at the appeal,
Or is their a danger that this argument would lead to another referal back to atos? thanks.

fithgear wrote:

So could I argue due process has not ben carried out at the appeal,
Or is their a danger that this argument would lead to another referal back to atos? thanks.

Hi fg,

There "may" be a legal argument that could be put to The Appeals Tribunal, however if possible the best outcome would be to have the decision changed at the automatic reconsideration stage. The best way to do this is to provide substansive evidence that you qualify for The SG by fulfilling at least one of the Schedule 3 Descriptors.

Further, if you did manage to discredit the ESA85A medical report, the most probable outcome, would be a further assessment, which could entail a face to face one.

Many members, like yourself, understandably get very preoccupied with the Medical Reports, although it can be helpful to point out discrepancies, this alone will not gain you entry to the SG.

Just as Tony Bliar's mantra was "Education, Education, Education", with regards to that subject matter, with regards to qualifying for ESA in either group, the mantra should be, "Descriptors, Descriptors, Descriptors".

Cheers,

bro58

Yes got it will look to my gp giving me further evidence for now,But will have to go back to my consultants for further info.
And it is at least 6 month before my next consultants appointment.Thanks again for your kind help.