Incapacity to ESA

sunnyjac

Hi

I was wondering if you can help me, I have been on incapacity and filled in the questionnaire a while back and had bee waiting to be called up for a medical, I wasnt but last week I received a letter saying that I have been put in the employment and support allowance - work related actiivity group. I have contacted them and asked for an explaination and for them to provide the medical report form which came on Saturday, and they provide a leaflet. I have been reading and I want to appeal and they have said to fill in the back of the leaflet called "if you think our decison is wrong", I can do this but nothing has been explained - Can someone point me in the right direction of how to appeal - I am planning on visiting my GP to ask him to write a report - does he need to fill in anything and what do I need to write to start this appeal? what should be included?

Thanks

benefitbaby

The most important thing you need to do is look up the "ESA support group descriptors" in order to qualify for the support group you need to show that you meet 1 of these.

When you fill out the appeal form you need to focus on the descriptor/s you meet and detail why. Remember the descriptor has to apply for the majority of the time.

You may want to discuss the descriptor/s with your GP and see if they are willing to draft a letter setting out the nature of your ill health and how/why you meet the descriptor/s. This too should be sent to the decision maker at JCP.

sunnyjac

Can I get these on the internet?

benefitbaby

Yep, just search "ESA support group descriptors"

sunnyjac

Is there anything else we can sent in to go with the form? I am under two different specialists so will reports for them be useful? (although not sure if they will have the time and will be willing?)

Has anyone appealed and can give me a rough idea on waht to do?

Nothing seems to be very clear on what we have to do

rogerblack

sunnyjac wrote: »

I have contacted them and asked for an explaination and for them to provide the medical report form which came on Saturday, and they provide a leaflet.

This is not a 'written statement of reasons'.
It needs to be a personalised explanation of your specific decision.

For the support group descriptors - see the below - the second appendix. You need to match any one of these in order to qualify.
You should both scrutinise the statement of reasons (which you have not got), and the doctors report to see how strong your existing case for ESA-WRAG is.
If, for example, it's marginal at the moment, you might want to consider if appealing is a good idea, as you can lose your existing award.
Then consider if you have a reasonable chance of meeting any support group descriptor.

http://www.dwp.gov.uk/docs/m-06-11.pdf

sunnyjac

Do I get the statement of reasons from the dwp? I did ask for everything but they only sent me the medical report form

rogerblack

yes, you need to phone up, and ask for a 'written statement of reasons'.
You've already requested this, but it has not been supplied - your appeal can be submitted any time up to 2 weeks after it's sent to you.

I should here link the full description of what a statement of reasons must be.
A generic leaflet doesn't cut it though.
I'm sure someone will supply more info soon.

benefitbaby

Having done a number of appeals from WRAG to Support Group (SG) where no medical assessment has been undertaken it is evident that trying to get a personalised statement setting out the reasons for their decision is near impossible.

All you need to do is:
- identify which of the SG descriptor/s apply to you
- complete the GL24 appeal form that they have sent you detailing the descriptor you think applies and why
- ask GP if they are able to write a letter confirming your health, and limitations as they apply to the descriptors, if they can send this in.

Take copies of everything you send. Once JCP have this a decision maker will review all the evidence (your form, Atos opinion and appeal documents) and they can:
1. change the decision and place you in the SG
2. reduce your entitlement (which would mean no ESA)
3. leave the decision the same.

JCP will write to you to tell you what their decision is - this can take many weeks or months. If either 2 or 3 happens you can proceed to an independent tribunal hearing.

sunnyjac

thanks I have the GL24 - I was expecting a bigger appeal form and I am going to ring the dwp again to ask for a personalised statement

benefitbaby

sunnyjac wrote: »

thanks I have the GL24 - I was expecting a bigger appeal form and I am going to ring the dwp again to ask for a personalised statement

They don't give you much room do they!

If you need to add more just put 'please see attached' and ensure any other documents you attach have your full name and NINO on them