Esa wrag?

Mupette

my esa85 has 3 pages the front with my name and ni
page 2 is scoring from physical assesment
page 3 is score from mental, cognitive and intellectual function.

lists the activity, outcome and score

for example 0 for walking (well they didn't see me walk just made up some assumptions)
standing and sitting i have 15 points...

ignore the attitude, and just list it as pointers of all the things wrong, i did my appeal as a list of pointers but also going back to when i first got my esa 50 letter, and basically what has been said and done all through to last week being told i can't have my esa85 it was too late (already asked a week before and was told no can't have takes to long) next day it arrived, too late alreay done the appeal and posted it (ok carer did all the typing etc)

nad1611

melbury wrote: »

I phoned DWP this morning to request a copy of the ESA85 and at the same time asked about a reconsideration to move into the support group.

He was a bit offish and basically said that whatever group they put you in is the correct one! Anyway I also brought up the point of being put back on the assessment rate ESA if we did appeal and he said no you will stay on the ESA WRAG rate during the appeal as this has already been awarded. I did ask him to confirm this again, which he did.

When I asked about the number of points my OH scored, he said that is shown on the medical assessment form ESA85, but it isn't is it? I couldn't see it anywhere on the last one.

So I am now thinking that I will request at least a reconsideration and send a letter explaining why, rather than filling in the appeal form.

Nothing to lose I suppose.

Really you need to appeal. Asking for a reconsideration has very little chance of being successful. In appealing a reconsideration will be made anyway and then sent to tribunal if the decisions upheld.

I know it's daunting but really if you feel you've a genuine case then surely you don't have any choice.

Don't listen to the person who said, whichever group he's been put in is the correct one, yeh right. They're just trying to put you off.

Going to the Work based interview will tell them one thing it will say you've accepted their decision. Trying to do something after it all fails further down the line is going to be very difficult.

I think you have to bite the bullet, get an appeal form and get on with it. It's no good relying on the DWP ot Jobplus or anyone else to suddenly change their mind, it's not going to happen, you've got to show them you're serious.

lavidaloca

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.

I know exactly how you feel but I am finding one last bit of energy from somewhere and have asked for an appeal rather than a reconsideration for my OH regarding being put in the WRAG again.

You can ask for a reconsideration and if they still say he should be in the WRAG you can still ask for an appeal on that reconsideration decision. However, as they do a reconsideration anyway, it is better to appeal from the outset as it will then cut down the time to an appeal ifyswim.

You need to point out in your evidence for reconsideration the things they have got wrong about their decision and how at least one if not more of your OH conditions match their descriptors for the support group.

melbury

lavidaloca wrote: »

I know exactly how you feel but I am finding one last bit of energy from somewhere and have asked for an appeal rather than a reconsideration for my OH regarding being put in the WRAG again.

You can ask for a reconsideration and if they still say he should be in the WRAG you can still ask for an appeal on that reconsideration decision. However, as they do a reconsideration anyway, it is better to appeal from the outset as it will then cut down the time to an appeal ifyswim.

You need to point out in your evidence for reconsideration the things they have got wrong about their decision and how at least one if not more of your OH conditions match their descriptors for the support group.

I was put off starting an appeal because I didn't want to go back to the assessment phase money, but I was reassured today by the DWP man that this does not happen - should I believe him?

melbury

skcollobcat10 wrote: »

So is this your 2nd esa appt?

If he wasn't put in the support group last July and this time not put in it yet again will the DWP listen if twice he has been put in the WRAG group?

I just wondered because is the only option an appeal or can your GP help by writing to them making the case stronger?

Yes this was the second ATOS appointment, last one was at the end of July 2010.

I didn't really know very much about the whole process last July and it is only over the past couple of months from this site and reading a lot online, that I have realized you can get a copy of the report and appeal etc. When he had the first assessment he had only just come out of hospital and so to be honest I was just relieved that they had awarded him the ESA.

He has not yet attended an interview at the Jobcentre; the lady I have spoken to there seems to be quite understanding, but he has to go to the next one that has been arranged for April.

His health has deteriorated since the original medical and so I will just have to bite the bullet and go for it.

sardine

skcollobcat10 wrote: »

don't people get help with get employment to suit?

Only if they are under 60!
Anybody over 60 and on ESA in the Work Group, are basically left there to fester away without any real help being offered or given.
They are not required to undertake any procedures that might help them get back into work.

melbury

skcollobcat10 wrote: »

Does you husband have long until he retires at 65?

My husband had brain damage and blood clots from an accident, his whole face was rebuilt with metal and the surgeons made metal eye sockets as well. His head injuries were so bad they caused dizzy spells and memory problems. He was off work for about 8 months, when he eventually went back he wrote everything down because he knew he would forget and he didn't want to be sacked from his job, so everywhere had yellow stickies on it as reminders! He still gets dizzy spells and both problems continue to effect him even now and it is 12 years since the accident.

You just never know how your husband will be in the future, over time he might improve, at least if in the WRAG, don't people get help with get employment to suit? Hope everything works out ok for you both.:)

Thank you for your reply, he is 57 now, so basically 8 years off retirement.

My husband suffered a brain haemorrhage in 2009, which has left him with dizziness and very poor memory. He has had a few falls - in fact he had one today when I was at work and he couldn't get up for quite a while.

Apart from that he has been aphonic for nearly 4 years (following surgery for burst appendix - hospitals fault for delaying too long, but that is another story). He used to be able to manage a really strained whisper, but after years of this (which apparently was the worst thing he could do), he is barely audible.

One of the descriptors states about being unable to speak, which is why I cannot understand him being put in the WRAG group last year, but even more so at the medical a couple of weeks ago, when I had to do all of the talking.

I sort of feel it may be worth going to the Jobcentre interview to let them see exactly how he is - I wonder how many jobs they could find for him.

Like others on here, I just find it all so frustrating. We have not had to claim benefits before and I certainly would far rather that he could be back to his old self and work again. I miss him being able to talk so much - I struggle now to remember what his voice sounded like

sardine

skcollobcat10 wrote: »

That is awful, they should not be allowed to right people off in that way especially as the retirement age is going to be increased at some point.

I agree, but that is what the situation is. You can ask to be treated as though you are looking for work, and you can voluntary attend the back to work sessions that everybody under 60 can be sanctioned for for not attending. But there is no formal arrangement that offers you the help as you would have got if you were under 60.

However in the posters case, he is only 57, so this would not affect him.

Cpt.Scarlet

The Support Group criteria for Communication are as follows.

11. Communication—

(a) None of the following forms of communication can be achieved by
the claimant—
(i) speaking (to a standard that may be understood by strangers);
(ii) writing (to a standard that may be understood by strangers);
(iii) typing (to a standard that may be understood by strangers)
(iv) sign language to a standard equivalent to Level 3 British Sign

Language;

From what you have said your husband cannot talk but is he able to write or type, if he is, then he won't qualify.

melbury

skcollobcat10 wrote: »

This is the full list for communication.

Communication—

(a) none of the following forms of communication can be achieved by the claimant—
(i) speaking (to a standard that may be understood by strangers);
(ii) writing (to a standard that may be understood by strangers);
(iii) typing (to a standard that may be understood by strangers)
(iv) sign language to a standard equivalent to Level 3 British Sign Language;

(b) none of the forms of communication referred to in (a) are achieved by the claimant, owing to a severe disorder of mood or behaviour;

(c) Misinterprets verbal or non-verbal communication to the extent of causing distress to himself on a daily basis; or

(d) effectively cannot make himself understood to others because of his disassociation from reality owing to a severe disorder of mood or behaviour.

These are the newly worded descriptors though that come into effect on 28th March 2011.

Surely as my OH was assessed prior to this, the old descriptors should apply shouldn't they?

I am going to muster up the strength this weekend to put an appeal letter together - I am not hopeful, but feel I just have to give it a try.

I talked to someone at DWP this afternoon because I wanted to know if they actually get a copy of the ESA50 form and she didn't seem to know. Initially she said that it is DWP who send them out and have them back, she didn't seem to realize that it was ATOS:eek:

I really wanted them to read the actual ESA50 form with my appeal letter, so think I will have to get a copy of my photocopied form to send to them.

They don't seem to be terribly efficient:eek: