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

rogerblack

See above.
You have 14 days after the SOR would arrive in the normal course of post.
So keep phoning to check it's not been sent and gone missing,

Horseunderwater

Yes that lovely invisible wheelchair scenario - I am so glad that I have the illness I have as I cannot propel one whether it is real or not! LOL! Hence I am in support group and then there is the incontinence of more than once a week and the mobility walking problems to mention a few things.
I sincerely hope that they decide the appeal in your favour. Personally I would at least write a letter lodging an initial appeal to get things onto record and complete the GL24 as far as you can in readyness while you wait for the SOR.

dazza-mac

Hi,
phoned again yesterday in the job centre with no privacy afforded to us 'plebs' - no dignity, nothing

Told them I was promised the statement of reasons by yesterday. It wasn't even on the computer as sent! Again I got upset, can't remember a thing, notes a mess, I'm a mess. Crying in the middle of job centre. Told me to ring again today...

Rang just now. Lady said that a note has been made to send medical assessment out (my assessment was cancelled 2 days prior to appt so I can't imagine what they could've written).

No mention of statement of reasons which I've continually asked for in order to fill out GL24 with my reason for appeal! Then she told me that I HAVE to say in GL24 why I'm appealing! I said "HOW CAN I WHEN I DON'T KNOW WHY I WAS REFUSED THE SUPPORT GROUP". She claimed my letter that was sent out should say why I was put in WRAG group - it doesn't.
I explained I'm not psychic and that I will send in GL24 prior to 10 Oct and it's not my fault that I cannot elaborate further as the 5 times or more I've requested information it has not been given, not entered on computer, not sent out etc etc, and all the while the 10 Oct looms and I don't want to be told that I no longer have the right to appeal as it has passed the deadline...

1. Am I entitled to send in GL24 with little or no explanation of why I'm appealing - due to not having a clue on why DWP made their decision, and then send in any info I can get prior to the tribunal? She gave the impression that appeal will not be granted unless I say why I'm appealing. I said
dwp are deliberatley making it impossible for me to do so.

2. Also, my question yesterday about the mythical wheelchair was misunderstood. I meant, can I elaborate on why I can't use a chair - even though it doesn't specifically refer to this on the esa50 - but from what I've been told here, the dwp use that analogy unbeknown to me.
So can I refer to that in my appeal? Especially as I don't know if that is why I didn't get in support group

dazza-mac

And just to be clear.

Am I right in thinking that the statement of reasons is a different thing to the medical assessment?

dazza-mac

Cpt.Scarlet wrote: »

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.
.

Well if this is the case, then I won't be able to send my GL24 in time if I wait for the SOR. Therefore, what should I do? Shall I send in GL24 and say that I cannot elaborate further as I don't have the information yet?

Cpt.Scarlet

If you didn't have an assessment then ATOS will have completed an ESA85A medical report based on your ESA50 and any other information in your file, this is not a SoR.

With regard to the GL24, whilst you do need to provide a reason for your appeal, it does not have to detailed, for example, if you believe you have provided sufficient information in and with your ESA50 then you can simply say that you believe you have already provided sufficient information to justify your placement in the SG.

If you didn't include any information about your ability to use a wheelchair, then you can also include this as reason for your appeal.

Once your appeal is lodged, you can then submit further information to the reconsideration and/or the appeal.

Strictly speaking, as the DWP are a participant in the appeal, they do not have the right to refuse an appeal, only the Tribunal Service can do this, and even then you have to be given extra time to re-submit it.

Murphymycat

I had a WCA assessment 7 months ago. I was placed in the WRAG and on receiving a copy of the report was surprised to see that I would not be able to use a wheelchair as this was not discussed during the WCA. I had a frozen shoulder at the time (on top of my other problems) so this was the reason given.

I filled out another ESA50 about a month ago and stated in it I could not use a wheelchair and have been placed in the WRAG group again even though I should have been placed in the SUPPORT group according to their own criteria. I don't really know if it's worth appealing as I understand the appeal process can take forever?

purplebutterfly

I used to work in supported employment, helping disabled people into paid work. You would be AMAZED at some of the things we were told - for example a person on my caseload could only move one finger on one hand (and very slowly at that!)..........it was suggested to me that I try to get him a job as a typist :eek:

Unfortunately, this is the kind of thing we are up against. They use the Disability Discrimination Act to shore up their ideas of what makes you "fit for work". Under the DDA, an employer must make all "reasonable adjustments" for an ill or disabled employee. Taken at face value, ths means making sure places are wheelchar accessible, allowing you to work flexi-time to fit around hospital appointments, installing visual fire alarms for deaf employees etc. However, when you have targets to hit, it suddenly becomes "well, this person cannot complete a sequence of actions without prompting, so a reasonable adjustment is to employ somebody else to do the prompting and make it a job-carve". Yes really.

The fact is, employers don't want to employ someone who cannot do the job BUT the powers-that-be say "Well, it is theoretically possible for that person to work, so let's say they can and it cuts our benefit budget".

I say this as someone who has spent the last two days on the phone to DWP, ATOS and the doctor and is thinking about throwing herself out of the window rather than hear the words "did you put that on the form?" one more time. The answer of course being, "if anybody had bothered to read the bloody form, you'd know that I had!" :mad: