ESA ATOS Help Please

thatsmyusername

Could anyone please offer us any advice.

My partner has been claiming IB since the late 1990's due to bowel incontinence. She has no control over her bowels and has a medical report issud by a Professor stating this would also never get better and there wasn't anything medically that could be done to treat her and the problem.

She is now in the process of being transferred to ESA and had her ATOS medical on the 10/08. The doctor who participated in the medical was very friendly ( I went along with my partner ) and she seemed quite sympathetic to my partner.

We have now received a copy of the ESA85 as most people seem to ask for one before the decision has been made and I'm not happy with the report.

Activity 9

( CB )

At risk of loss of control leading to exenisve evacuation of the bowel , sufficient to require cleaning and a change of clothing if not able to reach a toilet quickly.


Then at the end of the report. EXPECTED CHANGE

I advise that a return to work could be considered within 3 months.

Meaning she has failed the WCA test.

Could anyone please offer any advice on what is the best thing for us to do now.

Thank you

PippaGirl_2

No, she hasn't failed she has been put in the WRAG by the sounds of it, however only for a 3 month period.

Does she leave the house? If so, how long for and how does she manage? I'm not sure how many points that descriptor gives you. Someone will know and will know the likelihood of an appeal success all depends on that I guess.

Cpt.Scarlet

You can't do anything until the DWP make a decision on the claim. Once you receive notice of the decision you can appeal the decision, assuming it is a failure, providing your GP is prepared to provide you with Fit Notes,

thatsmyusername

She leaves the house about once per week and only for a short time.

This is all just so confusing to me but thank you for taking time to reply

Muttleythefrog

Is that the only descriptor stated to apply in the report?

If so... and given the 3 month prognosis (the minimum standard) then they are recommending she fail the WCA to the DWP. THe descriptor (refer 9b on here http://www.tameside.gov.uk/esa/wca) attracts 6 points towards qualification for WRAG and 15 total are required. Presumably there is no reference later in the report to Support group criteria being met or non functional descriptors applying.

As per roger there isn't really much you can do until the decision. However I have noticed some people have had success by swiftly challenging the report in a letter to the DWP who hadn't yet taken decision... put them off using it because it would in due course likely be shown to be ridiculous. It may be a tactic worth exploring as it appears you've nothing to really lose... I would especially consider it if the report has glaring errors or omissions or if you have medical evidence directly conflicting that you can supply. Otherwise yes.. it would appear that in due course appealing a decision that may be weeks away could be the best course of action... make sure the DWP have any supporting medical evidence you have before they take the decision... and by supportive I mean confirming medical problems and ideally supplying opinion or facts in relation to the descriptors.

thatsmyusername

Thank you Muttleythefrog the information you supplied is very logical.

Does anyone have a draft for a letter i can manipulate for her own illness.

thank you

Muttleythefrog

thatsmyusername wrote: »

Thank you Muttleythefrog the information you supplied is very logical.

Does anyone have a draft for a letter i can manipulate for her own illness.

thank you

At face value her case sounds a simple one... in that there is one serious problem she has relevant to the WCA? Presumably therefore the theme is that 9a WRAG descriptor is applicable to her situation (if so). You might want to look at the Support group descriptors in 8 on here http://www.tameside.gov.uk/esa/lcwra as if any of these apply then she should be entitled to the Support group... notice reference to week rather than month.

So I think your letter should be.... descriptors x, y should apply as she has problem z. Attached is medical evidence supportive of this view (refer to such if you have it and supply copy).

Highlight errors in the medical report and make a case (probably without actually stating so literally) that it is unreliable and a risk to use to take accurate decision.

I ask you to consider this additional information when reaching your decision.

THis is probably the direction I'd take but obviously the circumstances are largely invisible here to me. What I'd write would depend on the accuracy of the medical report and what the actual circumstances of the condition are.. and indeed what evidence I had to support a claimed problem. In effect this is non standard option.. it is in effect little different than making a case for appeal... except that instead of challenging decision you're trying to influence the evidence they use to take one given that it is likely to be a disappointing one... put them under pressure. I'd be reluctant to write if the report is largely accurate and the only contention is the descriptor arrived at and I don't have evidence to counter it.

They're my thoughts anyway... standard advice would be to wait for decision from DWP while trying to get supportive medical evidence in the interim on the assumption appealing will be right option.

thatsmyusername

Thank you again muttley

She does indeed have no voluntary bowel control and this is also in black and white from a medical report. This report was taken to the WCA.

Muttleythefrog

thatsmyusername wrote: »

Thank you again muttley

She does indeed have no voluntary bowel control and this is also in black and white from a medical report. This report was taken to the WCA.

Did the HCP take a copy of it for their paperwork? If so it should be supplied on to DWP with the medical report by ATOS. However if you do write or later appeal I'd send another copy to make sure. If a copy wasn't taken then I'd make sure that DWP gets a copy.

thatsmyusername

Muttleythefrog wrote: »

Did the HCP take a copy of it for their paperwork? If so it should be supplied on to DWP with the medical report by ATOS. However if you do write or later appeal I'd send another copy to make sure. If a copy wasn't taken then I'd make sure that DWP gets a copy.

Yes the HCP did , we took a copy for them to keep at the WCA.

Muttleythefrog

thatsmyusername wrote: »

Yes the HCP did , we took a copy for them to keep at the WCA.

I'd read pages 29 and 91/92 of the WCA handbook to get familiarity with how the relevant descriptors are evaluated (note issue of aids/devices)... fortunately for you it seems her situation is a very simple one.. it is going to come down to which descriptor is most applicable on the one issue (unless others are invisible here).

http://www.dwp.gov.uk/docs/wca-handbook.pdf