WRAG Appeal Update

Hi everyone

just an update on my appeal. after sending a complaint letter. see thread "ESA Appeal- Confused again!" today i recieved a "copy of all records held to date concerning your WCA" from the lady who dealt with my complaint. she also states "your case will now be prepared for submission to the appeal service. you will also recieve a copy of this submission & any documents held relating to the decision for appeal" so im assuming that this is not my official "bundle of documents", just a complimentary copy due to my complaint.
what extra documents am i to expect then?

i recieved a ESA56 (worksheet for the WCA) & on page 1 of 3 its ticked next to "in the opinion of the approved healthcare professional the customer can be treated as having limited capability for work". turning the page over its says page 3 of 3 & next to decision makers reasons for choice of descriptors simply says "customer met threshold"
This gives me no info on what points i was awarded & on what descriptors. most frustrating!
The decision was recorded 7/9/11 & date of further referral 18/12/11.
does this mean im to be sent another ESA50 on 18/12/11?
& what happened to page 2 of 3?

the next document is ESA85a which i already have a copy of, but when i turn the page it says LT54(DMACR) & states "i have also determined that by reason of his mental condition none of the descriptors set out in Scheduale 3 to the ESA Regulations apply"
what does that mean?

I really dont know where to go from here with regards to preparing any kind of case for the tribunal. i have gp & psychiatrist appointments soon so i guess i'll just have to hope they will provide me with letters of support but i very much doubt it.
i could argue that DWP never contacted my psychiatrist & the burdon of proof is on them to demonstrate i dont fit the support group descriptors & request they do write to my psychiatrist. but even if they do i doubt it will do much good as i dont like my psychiatrist & he has been asking me if its not time i go back to work for a while now anyway so he will probably agree with the DWP. if my psychaitrist doesnt even believe & support me how am i ever going to convice DWP.

one good point to mention is that i was due tomorrow at jobcentre plus for my first WFI & i called today & explained im in the appeal process & asked if i could have a telephone interview due to my panic attacks & anxiety travelling to the jobcentre & the lady said no to bother coming tomorrow & she would call me sometime in the future. so maybe i wont have to attend the WFIs thank god, just have to wait & see.

any advice by mods or members would be much appreciated thanks

Martin

Hi GEL

Firstly, well done for getting hold of the documents relating to your claim - I'm still battling to get mine!

The DWP's appeal submission will contain the reasons behind the decision makers decision as well as a copy of your ESA50, ESA85A and other documents that you may already have.

You can contact the office that sent you the documents to inform them at a page is missing.

Schedule 3 of the ESA 2008 Regs contain the support group descriptors, so the ESA85A is basically saying that you do not qualify for the SG.

Regards

Derek

Derek

thanks for your quick reply

yes it will be interesting to read the appeal submission but i doubt it will give any further info than what i already have.
funny how "i meet the threashold" but "due to my mental health dont meet Schedual 3" when in fact i meet most of the mental health descriptors in the support group catagory.

hope you get your paperwork soon Derek, maybe a strongly worded complaint letter might work, as did mine?!

maritn

Derek forgot to ask. the date for further referral being 18/12/11.

is this the date i will be sent a new ESA50 & the whole process to start again?

my award letter was dated 15/9/11 saying i will be getting esa from 13/10/11, but at the end of the letter it states the amounts paid apply from 13/10/11 - 30/11/11.

does that mean my money changes on 30/11/11?

my prognosis on ESA85a dates 18/8/11 was 6 months. i make 6 months from 18/8/11 to be 18/2/12.
or 6 months from award date 13/10/11 to be 13/4/11.
so im confused what the further referral 18/12/11 is & amounts paid apply date 30/11/11 are?

sorry if im being stupid

martin

i think Dereks offline

are there any other moderators or members that maybe know the answers?

many thanks everyone

m

Hi Martin, don't know about your first question but as for the second;

everyone appears to get a letter saying they will get paid ESA for 2 weeks or so. It doesn't mean anything, I'm still getting paid months later.

Best wishes,
Rachel