query regarding esa medical report

caris

I have received back my esa medical report, although they have not enclosed the score sheet. Reading through the report I have come across something I do not understand. Under exceptional circumstances and the non functional descriptors it states:

The non-functional descriptors were not considered for this case as curtailments applied.

Can anyone please tell me what this means?

Reading through my report there are several discrepancies and contadictions. DWP have placed me in the wrag, although the report specifically states that I am unfit for work due to various physical and mental health issues.

What is my course of action re appealing the decision?

Thanks in advance for any constructive advice.

Muttleythefrog

Curtailment means the medical was stopped before 'the end'.. and I understood that usually occurred when Support Group criteria was found to apply... the idea being that there's no point continuing when that occurs. I suppose curtailment must be able to occur in other circumstances and it sounds like that is the case here.. you don't state otherwise but I am presuming no support group descriptor was found to apply based on assumption DWP would have likely put you in Support group if so and they didn't.

Unless the reports have dramatically changed (since mine) then the descriptors the HCP felt applied in the medical will be on the report. It should go through the 17 sections relating to WRAG which a descriptor selected in each of those or 'none'. The report should probably then go on to consider Support Group descriptors and the non-functional descriptors (which are the exceptional circumstances.. designed to capture those people whom it would not be sensible to have in work environment but whom may otherwise fail the WCA and be found 'fit for work').

WRAG doesn't as such mean you are fit for work. The headline statement is that WRAG is for 'those who in the near future may be able to return to work'... you won't be expected to seek work or take a job although you may be asked to attend Work focussed interviews and go on some government scheme.

But regarding the report.. yes.. discrepancies and inaccuracy is widespread. The actual report is not necessarily in line with the decision taken by the DWP Decision Maker but it usually is... in most circumstances it is effectively rubber stamped.

You can appeal and you'd need to do this in writing (GL24 can be found online or probably at jobcentre) within next 4 weeks. Appealing in your case does carry some risk as you could be found to not qualify for either WRAG or Support group.. I do think that unlikely but this does have to be said. If you appeal then the DWP will reconsider its decision to see if it can change it.. if not then the paperwork is sent off to tribunals service to arrange appeal. If you are to appeal then your case rests firmly with the successful argument that a support group descriptor applies to you (or more than one or the exceptional circumstance criteria that qualifies for Support Group). If you feel such a descriptor or several apply to you then I'd advise trying to get supporting medical evidence from someone involved in your situation. There is alternately the option of waiting until next reassessment to make a strong case for support group... the timing of that reassessment will almost certainly correlate with the prognosis given in the report you've got.