Partners ESA appeal on WRAG

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Lavander wrote: »

Also, is it a good idea to ask for a copy of the medical report? Do I get in touch with my local JC for that??

You can phone the tel number on your letter to ask if there is a request to send the medical report, and whilst you are there ask them to also send you a copy of the decision maker's justification.

If I were you, I would also ask them to send you a copy of the criteria for the support group, not sure how they will react to that one, but they cannot legally refuse you that information.

-Yes the descrpitors may be available on the internet, but I believe the DWP should give this information as standard in the award letter.- or probably even sooner at the start of the claim.

Molly41

Muttleythefrog wrote: »

I'd be inclined to really hammer home the fact you have not improved and that the same Support Group criteria apply (assuming that changes to the descriptors in spring 2011 haven't affected this situation)... whatever that Support Group criteria is... and use previous ATOS medical reports/advice to DWP to back you up (a very good reason why I always advise people request these things even when they're happy with outcome). If doctors do try to help you then make sure they present info relevant to the descriptors (or special circs criteria) that you're arguing apply in your case.

So should I ask for the previous reassessment results - I have had two prior to this one and both found me suitable for the Support Group.

I am appealing on the grounds that I am very unsteady on my feet and can only walk a few steps without falling. I have worded it properly - sorry my meds are just kicking in.

Muttleythefrog

Molly41 wrote: »

So should I ask for the previous reassessment results - I have had two prior to this one and both found me suitable for the Support Group.

I am appealing on the grounds that I am very unsteady on my feet and can only walk a few steps without falling. I have worded it properly - sorry my meds are just kicking in.

Not sure how long the DWP will keep such documents on file or how long they're required to. I suppose all you can do is ask for them to supply such... the medical reports of previous ATOS assessments... ESA85 if face to face medical... ESA85A if not a face to face medical (pre-board medical report). They're not the WCA decision but they're likely to have been 'rubber stamped' at the time. As an outsider to the process I just think it must make it harder for a HCP at ATOS to reach a vastly different conclusion than if facing previous report(s) by a colleague (or even themselves!) unless they're evidence of change of health. Similarly at DWP Decision Maker stage, reconsideration and appeal I would think that such medical reports could be helpful.... and of course they offer an avenue for claim for qualification in the ESA50 form.

In the ESA50 form I said that I agreed with the last ATOS medical report and copied it in... I explained my health had deteriorated since. Interestingly they requested a GP factual report (ESA113) and decided upon its return that the advice to the DWP should be that no medical is required and I meet the same Support Group criteria as previously and this advice is given in accordance with the ESA113. I've just received the ESA113 and it does NOT support their conclusion at all..lol... in fact it directly challenges it... they have it would appear been heavily swayed by the previous ESA85 even though they don't refer to it. There is absolutely nothing in the ESA113 that would lead them to conclude that the health of anyone would be at serious risk if I were found not to have limited cap. for work related activity.