ESA - Placedin different group to Dr's suggestion

I had a most enlightening experience with a perfectly reasonable and charming Doctor a few weeks ago at my ESA medical. At no point did I feel he was tricking or guiding me along.

And my ESA Work focussed group was duly awarded. No problems or concerns.

However, I asked as a matter of course for a copy of my medical report and was somewhat surprised (but not honestly shocked) to see the Doctors prognosis was that I wouldn't return to work in the long term. I then read he suggested I be put into the support group not the work focussed group.

Is this just his opinion and it's a desk jockeys decision on what happens to me or is this someone who in admin who simply pressed the wrong button on the keyboard?

Given the profession I come from, the work focussed activities really aren't of any use and indeed I ended up having an interesting debate with the 'consultant' and one of her colleagues about if I can have the qualifications I have without another qualification they think I should have!

Many thanks in advance for your information and feedback, I don't want to dive in an get everything turned over if there is no effect or benefit, however, I prefer to be in the place I was pointed to by the person who met me and made their decision on what they saw!

David

Hi David,

In probably 99 cases out of a hundred the decision maker accepts the health professionals opinion about which descriptors apply. It sounds like you are case number 100, unless it was just an error that landed you in the work-related activity group.

It can work both ways, a couple of days ago we had someone who would have been in the work-related activity group instead of the support group if the decision maker had accepted the health professional's findings.

People in the support group do get more money and they don't have to attend work-focused interviews, so you may wish to appeal. Do bear in mind there is always a small risk that your award could be taken away rather than increased if you do challenge the decision, though.

If you take a look at our guide to ESA appeals you'll see that there are strict deadlines for appeals. You need to do so within one month of the date of the decision, so - as you already have a copy of your medical report - I suspect you must be close to the deadline.

So, you may need to make a decision very quickly.

Good luck,

Steve

Thanks Steve,

I've just put a typetalk call into their helpline, I don't know if it's me but I always find their people to be very accomodating?? Perhaps it's because it's not actually me they are talking too, or because I come across as a baffoon??!

Anyway, they are sending a request to processing to see if I'm on the correct scheme as she said it's unlikely with the score I had that they would consider me borderline. I don't know my score as they sent me someone elses score sheet with the medical report.

So, I should have a letter soon from them and a copy of MY report sheet.

Fingers crossed now.

Hi david,

That's good, but do keep a careful eye on that deadline.

Steve

Steve,

The date of the letter was 23rd April 2010, so I've missed it, however, nothing was said of that as the copy of the medical report I was sent had someone elses score sheet and not mine.

So I guess they haven't provided full and accurate information in a timely manner.

I'll leave it be and wait for their review... as opposed to appeal at this stage.

Rgds, David

Hi David,

Just so long as you are aware that you may not be granted late leave to appeal and that normally the longer you leave it to ask for leave the harder it gets.

What you have been offered over the telephone may or may not count as a formal review from which you would have a right of appeal.

It might be worth trying to clarify this with the DWP.

Good luck,

Steve