Appeal Submission - WRAG to SG

I have got my appeal next Monday, have read a few times on the forum that the Tribunal can telephone you on the morning or the day before to say you need not attend as your appeal has been successful.

Would the reverse ever happen, ie. they phone to tell you that you have been unsuccessful without actually seeing you? I did request an oral hearing.

I only scored 15 points from 2 descriptors, Mobilising and sitting/standing whereas I felt my score should have been more like 42 from 4 descriptors, have also got upper limb problems. Will the Tribunal look at everything or stop once they feel that I meet one of the SG descriptors?

Many thanks once again for all your invaluable advice.

Ortho Tortoise wrote: I have got my appeal next Monday, have read a few times on the forum that the Tribunal can telephone you on the morning or the day before to say you need not attend as your appeal has been successful.

Would the reverse ever happen, ie. they phone to tell you that you have been unsuccessful without actually seeing you? I did request an oral hearing.

I only scored 15 points from 2 descriptors, Mobilising and sitting/standing whereas I felt my score should have been more like 42 from 4 descriptors, have also got upper limb problems. Will the Tribunal look at everything or stop once they feel that I meet one of the SG descriptors?

Many thanks once again for all your invaluable advice.

Hi OT,

No, The Tribunal cannot find against you without you having a hearing, in these circumstances.

You do mention that you feel that you should have scored "more like 42 points". However, remember that The SG Descriptors are not points based, even though some of them correspond to The WRAG descriptors that score the maximum 15 points.

It is theorectically possible to score over a 100 points and still only be placed in The WRAG, but they generally stop when you have reached the minimum requirement of 15 points for WRAG entry.

Tribunals also generally "stop" once they feel that you have met the threshold of qualifying for The SG, with respect to Schedule 3, or Exceptional Circumstances, Reg 35.

See : Qualifying for the WRAG

WRAG (LCW) Descriptors

&

Qualifying for the Support Group

SG (LCWRA) Descriptors

Good luck, and please let us know how you get on.

bro58

Thanks for the information Bro 58. I do realise that SG is not points based.

My concern was more that some of my medical conditions were ignored by the HCP particularly those relating to my upper limb problems and the assessment as a result was full of ommissions and inaccuracies and did not reflect my difficulties. I would not wish that flawed report (IMO) be on record and possibly be used in the future.

I will have to see how things go on Monday and I will certainly return to the forum and let you know the outcome.

Many Thanks

Ortho Tortoise wrote: Thanks for the information Bro 58. I do realise that SG is not points based.

My concern was more that some of my medical conditions were ignored by the HCP particularly those relating to my upper limb problems and the assessment as a result was full of ommissions and inaccuracies and did not reflect my difficulties. I would not wish that flawed report (IMO) be on record and possibly be used in the future.

I will have to see how things go on Monday and I will certainly return to the forum and let you know the outcome.

Many Thanks

Hi OT,

You can point out to The Tribunal that you feel that ATOS have failed to take some of your medical conditions into account in their assessment.

As previously stated though, this seems to be the norm, and it can make it that much harder to appeal an adverse decision.

It is what I call "Production Line Assessments" unfortunately, many members have had the same experience.

This video may help to ease any concerns that you may have, it "should" be quite informal. Of course, it would be normal for any one to suffer some nervousness :

MOJ Video of ESA Appeals Process and Tribunal

bro58

Hi OT
Been following the thread ... just wanted to wish you the very best for Monday, you sound well prepaired.

GOOD LUCK.

Regards, Derek