Reconsideration

Skyblues wrote:

Sorry to be a pain but on page 16 of my asos medical report it says under exceptional circumstances - the non-functional descriptors were not considered for this case as curtailment applied.
What does this mean?

Thanks

Hi Sb,

In some cases, where a claimant cannot score the 15 points or more cumulatively to qualify for WRAG, they can gain entry to the WRAG under "Exceptional Circumstances" (E C) rules ESA Reg 29, here :http://www.legislation.gov.uk/uksi/2008/794/regulation/29/made

These are classed as Non Functional Descriptors, (NFD)

Likewise with the SG, if you don't qualify by meeting one or more of the SG descriptors, you may qualify under E C, as in NFD ESA Reg 35 : www.legislation.gov.uk/uksi/2008/794/regulation/35/made

So what they are basically saying is, you do not qualify for WRAG or SG, under Reg 29 or Reg 35, EC NFD.

bro58

bro58 wrote:

Skyblues wrote:

Sorry to be a pain but on page 16 of my asos medical report it says under exceptional circumstances - the non-functional descriptors were not considered for this case as curtailment applied.
What does this mean?

Thanks

Hi Sb,

In some cases, where a claimant cannot score the 15 points or more cumulatively to qualify for WRAG, they can gain entry to the WRAG under "Exceptional Circumstances" (E C) rules ESA Reg 29, here :http://www.legislation.gov.uk/uksi/2008/794/regulation/29/made

These are classed as Non Functional Descriptors, (NFD)

Likewise with the SG, if you don't qualify by meeting one or more of the SG descriptors, you may qualify under E C, as in NFD ESA Reg 35 : www.legislation.gov.uk/uksi/2008/794/regulation/35/made

So what they are basically saying is, you do not qualify for WRAG or SG, under Reg 29 or Reg 35, EC NFD.

bro58

The "curtailment" bit, means that the ATOS HCP did not have to consider whether you qualified for WRAG under ESA Reg 29, as you had already reached the qualifying threshhold of 15 points in the "Functional Descriptors".

bro58

bro58 wrote:

bro58 wrote:

Skyblues wrote:

Sorry to be a pain but on page 16 of my asos medical report it says under exceptional circumstances - the non-functional descriptors were not considered for this case as curtailment applied.
What does this mean?

Thanks

Hi Sb,

In some cases, where a claimant cannot score the 15 points or more cumulatively to qualify for WRAG, they can gain entry to the WRAG under "Exceptional Circumstances" (E C) rules ESA Reg 29, here :http://www.legislation.gov.uk/uksi/2008/794/regulation/29/made

These are classed as Non Functional Descriptors, (NFD)

Likewise with the SG, if you don't qualify by meeting one or more of the SG descriptors, you may qualify under E C, as in NFD ESA Reg 35 : www.legislation.gov.uk/uksi/2008/794/regulation/35/made

So what they are basically saying is, you do not qualify for WRAG or SG, under Reg 29 or Reg 35, EC NFD.

bro58

The "curtailment" bit, means that the ATOS HCP did not have to consider whether you qualified for WRAG under ESA Reg 29, as you had already reached the qualifying threshhold of 15 points in the "Functional Descriptors".

bro58

WRAG, Limited Capability for Work, (LCW) Functional Descriptors :

www.legislation.gov.uk/uksi/2011/228/schedule/1/made?view=plain

SG, Limited Capabilty for Work Related Activity, (LCWRA) Functional Descriptors :

www.legislation.gov.uk/uksi/2011/228/schedule/2/made?view=plain

bro58

Thank you for your help.
I will try to prove no8 applies (by my word and that of my daughter)but do I need to challenge the other inaccuries as I already have 30 points?

Skyblues wrote:

Thank you for your help.
I will try to prove no8 applies (by my word and that of my daughter)but do I need to challenge the other inaccuries as I already have 30 points?

Hi Sb,

By "no8" I gather that you mean SG Descriptor 8 :

8. Absence or loss of control over extensive evacuation of the bowel and/or voiding of the bladder, other than enuresis (bed-wetting), despite the presence of any aids or adaptations normally used.

At least once a week experiences:
(a)
loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder; or

(b)
substantial leakage of the contents of a collecting device
sufficient to require the individual to clean themselves and change clothing.

I am not quite sure regarding your other query.

" but do I need to challenge the other inaccuries as I already have 30 points?"

It is possible to gain many more points that the 30 that you have and still only be placed in The WRAG.

To qualify for The SG you must qualify under at least one of The SG Functional Descriptors, (As you may notice some of the SG descriptors are the same as certain WRAG descriptors that score the maximum 15 points).

May I suggest that you review our ESA Claims Guides for physical and/or mental heath conditions, here :

ESA Guides

As much of what we are discussing is explained therein.

There is also an ESA Appeals Guide on the same page.

bro58

SkyBlues, I notice that you talk about 'soiling' whereas the descriptor specifies 'extensive evacuation of the bowels'. I am afraid that you might need to go into embarrasing detail in order to prove you meet this descriptor