Esa wrag?

FTW

melbury wrote: »

Heard from DWP on Friday following my OH's ATOS medical assessment the week before, saying he still qualifies for ESA, but remains in the work related activity group.

I really want to appeal this decision to get him put in the support group, but have been reading that if you do appeal, firstly you have to go back onto the assessment rate of ESA and also they may turn around and say that you are not entitled to anything:eek: This seems grossly unfair and almost as if they are trying to frighten people into not appealing.

So is my understanding correct? I was going to write to them in the next week or so stating why we think he should be in the support group, but must admit this has really put me off trying.

Also, the same day that the letter arrived from DWP, a letter came from Jobcentre Plus saying he has to attend a work focused interview. I wonder if Jobcentre Plus person would be of any help with trying to get him put into the support group?

However, his interview at Jobcentre Plus is more than a month after the DWP letter date, so would it still be possible to appeal after the one month time limit has passed?

I will telephone on Monday to get a copy of the ATOS report.

I'd have your reasons for appeal made clear within a month (I believe that is how long you'd have to submit it) - just to be on the safe side.

But please remember that if the DWP don't change their tune - and they hardly ever (if ever!) do - then it'll go to Tribunal stage - and that's a long wait. Mine took 8 months, hearing adjourned due to the bulk of evidence I'd submitted, and new hearing set five months later.

Mupette

i got 15 point for 2 different things (30) and 6 points for my walking, although after going through the medical form the medical person wrote some contradictory things, one minute i can walk 30 meters, then only 10, funny thing was she never saw me walk at all, as i was in a wheel chair and only managed to stand with help and then clung onto her desk... so this is something i have appealed on,

She also said i had no problems negotiating the layout of the place and going through doorways... yes i had no problems at all, i was in a wheelchair and someone else was pushing.......

all these things have been appealed as they were wrong, fibs/lies what ever way you want to see it.

melbury

Sixer wrote: »

Up until this month, someone who "cannot speak at all" or whose "speech cannot be understood by strangers" scores 15 points on the test under the descriptors - so would have gone into the support group.

These descriptors changed from March 2011 to "cannot convey a simple message, such as the presence of a hazard" and "has significant difficulty conveying a simple message to strangers".

I don't know if this has significance for the OP, but it might?

I know this is definitely one of the descriptors at the moment and cannot understand why he wasn't put into the support group last July when he had his original assessment.

It is not just the lack of voice though,he has been left with many issues following a brain haemorrhage - dizziness and very poor memory.

I think I will leave things as they are for the time being, discuss the situation with the Jobcentre person and then, if he gets put in the WRAG again next time, instigate an appeal.

Mupette

melbury wrote: »

I know this is definitely one of the descriptors at the moment and cannot understand why he wasn't put into the support group last July when he had his original assessment.

It is not just the lack of voice though,he has been left with many issues following a brain haemorrhage - dizziness and very poor memory.

I think I will leave things as they are for the time being, discuss the situation with the Jobcentre person and then, if he gets put in the WRAG again next time, instigate an appeal.

I would advise getting outside help, jc+ maybe helpful, but they are not experts on your husband..

Mrs_Arcanum

Definitely get the descriptors ESA85 and take this to the CAB.

Do not rely on the "nice person" at the job centre. They are not the ones who will look at him being in the WRAG and not participating, thus potentially losing what little he has.

melbury

Sorry to keep repeating myself, but do you think that just asking for a reconsideration would trigger a full blown appeal?

When I get the ESA85 form, if there are incorrect things on it, how do you go about advising DWP? Do you write out each point that is wrong in a letter, or just write on the actual ESA85 and send that back to them.

I am a bit upset that they didn't see and read the very detailed ESA50 form that I filled in and sent prior to the medical assessment, but from what people on here say, it seems that only ATOS have these, which is ridiculous.

Surely Jobcentre Plus staff can tell whether or not a person is capable of working and so their opinion should count for something.

healy

melbury wrote: »

I know this is definitely one of the descriptors at the moment and cannot understand why he wasn't put into the support group last July when he had his original assessment.

It is not just the lack of voice though,he has been left with many issues following a brain haemorrhage - dizziness and very poor memory.

I think I will leave things as they are for the time being, discuss the situation with the Jobcentre person and then, if he gets put in the WRAG again next time, instigate an appeal.

If you do decide to appeal the decision will be reconsidered first as mentioned above but there is only a 10% success rate with this but I do know of cases where it has been successful when evidence has been submitted.

melbury

FTW wrote: »

I'd have your reasons for appeal made clear within a month (I believe that is how long you'd have to submit it) - just to be on the safe side.

But please remember that if the DWP don't change their tune - and they hardly ever (if ever!) do - then it'll go to Tribunal stage - and that's a long wait. Mine took 8 months, hearing adjourned due to the bulk of evidence I'd submitted, and new hearing set five months later.

This is why I am so loathe to appeal; I am just so sick and tired of it all, it is so exhausting and seems to have taken over our lives and I also have to work.

I suppose looking on the bright side we will still be getting the ESA payments for the time being.

FTW

melbury wrote: »

This is why I am so loathe to appeal; I am just so sick and tired of it all, it is so exhausting and seems to have taken over our lives and I also have to work.

I suppose looking on the bright side we will still be getting the ESA payments for the time being.

The appeals process is made deliberately difficult and long-winded for obvious reasons.

And I hope this doesn't turn out to be true, but if it is, it's bad even by DWP/Atos standards - and reflects very badly on the Tribunal Service as well -

http://www.bbc.co.uk/ouch/messageboards/NF2322273?thread=8117182

Adereterial

I used to do ESA interviews at the JCP.

They won't be able to offer any advice or help I'm afraid - their role is to help your OH think about work, and to point him in the direction of any training etc that he might need.

Appeal as soon as you can, don't wait to see the Advisor.