ESA. What's the point when they don't read the flamin form!

benefitbaby

Inthe July 2012 statistical release, 'Employment and Support Allowance: Outcomes of Work Capability Assessments, Great Britain – new claims', the DWP sets out figures for claims made up to the end of November 2011, including that outcomes of completed initial assessments, adjusted for appeals, for claims made in that period show -

• 45 per cent of claimants have had decisions made on their claims;
• 36 per cent of claimants had their claim closed before assessment was complete; and
• 19 per cent of claimants were still undergoing assessment.

The statistical release also showed that 45 per cent of claimants with an outcome for their claim were entitled to ESA and that, within this, 20 per cent were placed in the work-related activity group, and 26 per cent in the support group, whilst 55 per cent were assessed as fit for work.

In addition, the DWP said that, to date, 41 per cent of all fit for work decisions have been appealed against and that, of appeals relating to claims made between March 2011 to May 2011, 31 per cent were successful.

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HOWEVER the stats for people who appeal to tribunal and are represented are much different.
Tribunal stats for 2011-12 following a Freedom Of Information request showing outcome by representation:

ESA WCA total cases 160,200 (73% were oral hearings). Total allowed 62,200 (39%). Total cases represented 24,100 of which 16,400 were allowed (68%).

IB migration total cases 7,850 (62% oral). Total allowed 3262 (36%). Total cases represented 1657 of which 61% allowed.

For DLA the outcome by rep was 56% allowed.

Ellejmorgan

grazzzz wrote: »

As someone who is currently appealing as due to to my condition ( i contracted a virus whilst scuba diving back in sep 2010 which has disabled my balance system so not only can i not walk far without fear of falling over and to compound the problem i suffer sever fatigue as my brain tries to adjust to the balance problem from my left side balance organ as the right side has shut down completely.
The day before i went to my ESA meeting back in January my employers sent me to a specialist diving Doctor as they wanted to see if they could find me some sort of job that i could do to help me !
The specialist found that i could cause harm to others and to do any sort of work in his opinion would be detrimental to my recovery and in his opinion i could not be redeployed in another roll within our organisation or elsewhere and because of this i actually lost my job on the ground of capability ! The next day i went to ESA meeting and the found me fit for work !
So i have now awaiting my appeal date and I do have to send in sick notes however i now get esa income based until the appeal . yesterday i went to DIAL who have seen a my letters from my specialists and have agreed to help me fight my case . since i lost my job my private health went so am no longer having any pysio or treatment and my condition has deteriorated of which i have a letter from my old consultant saying this as he saw me recently as i had one more consutation with him which had already been paid for by my old company !

So i look forward to my appeal date !

They are not assessing you to do your old job but assessing you to do another job, from their point of view they think if you sit down then problem solved..
Not having appropriate training, qualifications, experience or vancancies is even taken into account..

I too am having an appeal, i'm in the wrag and trying to get moved to SG, mainly in an attempt to not have to attend so many medicals..
I am currently assessed every 6 months for a condition that won't improve and could get worse..

pipkin71

Parva wrote: »

Just to add further to this, I too was placed in the WRAG group without a face-to-face assessment because I stupidly ticked the 'it varies' box on each of the three main assessment criteria (along with an explanation for each). The fact is that I will always fail at least one of the main three tests on any given day but because I ticked 'it varies' on all three I was passed for WRAG.

It's not worth the worry, I await the day that I am called in and they'll see for themselves how things are. Really, don't stress over it (and don't let Andy try to tell you otherwise).

I also put that my health problems vary but went to support group without a face-to-face assessment, so it doesn't automatically equate that you will be placed in the WRAG if you tick that you have a condition that varies.

dazza-mac

I got the GL24 yesterday, nothing else in the envelope. The GL24 states clearly that you have to say what and why you are appealing and why you think it's wrong.

How in the hell can I do this when I haven't got a clue why they decided on the WRAG group. I had asked for a statement of reasons but was told I'd have to send inthe GL24 first!!! I'm running out of time. Shall I ask for a statment of reasons or send in the GL24?

rogerblack

dazza-mac wrote: »

I got the GL24 yesterday, nothing else in the envelope. The GL24 states clearly that you have to say what and why you are appealing and why you think it's wrong.

How in the hell can I do this when I haven't got a clue why they decided on the WRAG group. I had asked for a statement of reasons but was told I'd have to send inthe GL24 first!!! I'm running out of time. Shall I ask for a statment of reasons or send in the GL24?

This is incorrect.
Technically, as you've requested a statement of reasons, and they haven't sent it, you now have no time limit at all, you can pursue the appeal in 100 years without it being out of date.

http://www.dwp.gov.uk/docs/vol01.pdf see 01130.

Where an outcome decision is notified without a statement of the reasons for the decision, the claimant has one month from the day following the date of notification to ask for the written statement
1
. Claimants can ask for a written statement of reasons, for example by asking for an explanation of a decision, either orally, by
telephone or in person at an appropriate office, or in writing. They do not have to use the specific words “request for a written statement of reasons”. Where the application is made orally, the Department must keep a record of the conversation.
The DM must supply the statement within 14 days of receiving the request or as soon as practicable afterwards

Once you request a statement of reasons, the time limit for an appeal lasts to at least 14 days after it's supplied.
(Caution - it can be supplied by being posted to you, even if it's lost in the post, so keep a check on progress every 3-4 days, and if it's posted but not recieved, get a fresh copy!)

In addition, you should seperately request a copy of the medical assessment.

See also 01120 on what a written statement of reasons is.

If you have problems, then request a callback from a decisionmaker.

grazzzz

Ellejmorgan wrote: »

They are not assessing you to do your old job but assessing you to do another job, from their point of view they think if you sit down then problem solved..
Not having appropriate training, qualifications, experience or vancancies is even taken into account..

I too am having an appeal, i'm in the wrag and trying to get moved to SG, mainly in an attempt to not have to attend so many medicals..
I am currently assessed every 6 months for a condition that won't improve and could get worse..

my company tried to find me another job and they got a trained medical ex navy doctor to assess me to see what jobs i could do !
He said i wasnt well enough to do any job within my organastion or any job period as it would be detrimental to my health !
The next day i went to an esa medical who deemed me fit !

rogerblack

grazzzz wrote: »

my company tried to find me another job and they got a trained medical ex navy doctor to assess me to see what jobs i could do !
He said i wasnt well enough to do any job within my organastion or any job period as it would be detrimental to my health !
The next day i went to an esa medical who deemed me fit !

The above comments are incorrect.

ESA is _NOT_ granted on the basis that you are fit for work.
It based on failing the work-capability-assessment, which means that you tick enough boxes.

At no point, if you fail the WCA, do they have to suggest any work you may be fit for.

colin13

are you surprissed thart ESA medical deemed u fit,in there world everyone is fit to do someting,so we all get knocked off,they are just following ,CON/DEMS rules,,wot annoys me is that a medical person examines you,then a civil servant decides ur outcome,,who are these civil servants,that are that clever,they can see people from a desk and decide they are fit,,a complete TORY stitch up

dazza-mac

Hello all,

Still 5 minutes away from a nervous breakdown and 10 minutes away from jumping under a bus.

Still not got a statement of reasons and still not sent in GL24. I rang DWP AGAIN and asked for SOR and that I could not reasonably be expected to send in appeal without the SOR to show me why I was appealing the decision. Told not to worry, when the SOR arrives to then fill lin GL24 and if I think it will be later than 10 Oct (4 wk point) then to put in a covering letter to explain why. I said I wasn't happy with that as that does not guarantee they'll allow it. But he just said to wait for the SOR. I'm still waiting, thought they'd be here today - no chance!

This mythical wheelchair carry on. When I fill in the tiny space on the GL24 - how can I refer to the wheelchair scenario when it's not on the esa50 form. Will they not just disregard it?

Also, when or if the SOR arrives, will I still have to get the GL24 back by the 10 Oct or would I be able to extend it to try and get some advice. Everywhere is booked up! So I'm worried I won't be able to get some decent advice from a rep

Cpt.Scarlet

In principle, if the SoR arrives outside of the normal one month to appeal, you have a further 2 weeks in which to lodge an appeal.

I am afraid that I disagree with other posters over the use of the SoR to extend the time to lodge an appeal, there are too many issues regarding the date sent and whether the information has already been provided, to rely on it, also, out of at least 100 requests for a SoR, I know of only one claimant who has actually received one. The best that most claimants can expect to receive is their ESA85(A) and an LT54 if they have been transferred from another benefit. I'm not suggesting that this is acceptable, just that it is likely to be the case.

You are assessed using the ESA Regulations (as amended), not the ESA50, so it is perfectly reasonable to refer to your ability to propel a wheelchair, and has been said before, you are being assessed on the assumption that you can use one.