ESA WCA Failed

thatsmyusername

Following on from the other thread I created regarding my partners ESA failure.

She was told 2 weeks ago by telephone she had failed the WCA and had scored 6 points. Prior to this we had received a copy of the ESA85 and sent a letter in complaining about its content and also her GP had supplied her a supporting letter.

Yesterday whilst I was at work she received another telephone call from the DWP stating due to the correspondence received they had to recheck the paperwork and to confirm other information. They had telephoned her GP on Tuesday and now the original decision of 6 points had been scrapped and she was now awarded 12 points. Still not enough though. Her money stops in 2 weeks time and will have a month to appeal from the date on the letter which she should receive next week. They have awarded her an additional 6 points for anxiety.

So 3 points short now and already one change in the decision. We are now 100% appealing the decision.

Will they send this now straight to a tribunal as there has already been one reconsideration although no formal appeal was ever made ?

Thank you for any help you can offer.

atrixblue.-MFR-.

as the decision was overturned once then it will be unlikely to overruled again at reconsidderation stage of your appeal, so yes they will look at the decision again. and inform you of its outcome by letter this time.

now would be a good idea to collect all the facts from the DWP sit down with them and look over them fully.

any other supporting reports or letters form GP consultants or nurses can be submitted at your appeal application stage.

its a long wait for ESA tribunal ive been waiting approx 8 months now and i go before a tribunal on the 11th of next month, so they give very little warning 2 weeks notice to attend if that once they send for you so make sure your prepared and ready with you evidence.

google WCA handbook a PDF file will be available for you to read through the list of descriptors. focus on the descriptors you believe you fit into.

Muttleythefrog

Agree with the above advice... get together all the evidence used... requesting any you haven't got. Get a good handle on the descriptors that were found to apply and those which you think should apply... make a case they apply either in GL24 appeal form or in letter stating the decision you're appealing against and why. Try to get evidence as directly supportive of the relevant descriptors as you can. The issue of whether reconsideration has been done is hard to tell... you tried to intervene with a challenge to the ESA85 after you got a copy... it appears they took a decision and then after used this new evidence to change their decision. Regardless... let them determine what they've done and whether reconsideration is due upon your appealing.

thatsmyusername

Thank you for all your replies and help above.

She has been to her doctor today and she has already given her a sick note dated from the 12/10. Her doctor is astonished she hasn't qualified for it.

atrixblue.-MFR-.

thatsmyusername wrote: »

Thank you for all your replies and help above.

She has been to her doctor today and she has already given her a sick note dated from the 12/10. Her doctor is astonished she hasn't qualified for it.

then the GP should have no problems in wrinting a supporting report that surround the WCA descriptors. put this in writing so the GP know exactly what is required even provide of copy of the WCA handbook.

Muttleythefrog

Yeah agree with atrix... many GPs are surprised their patients fail the WCA despite them supplying sicknotes or other information. Often the problem is GP supplies totally irrelevant information. So as above... if GP really does want to help reverse this decision then specific opinion in relation to the descriptors could be highly prized... remember it is entirely likely another GP will sit on the tribunal panel.

thatsmyusername

Her sick note states faecal incontinence and anxiety.

It's valid for several months. Do we need more evidence to go straight with the GL24 or when the tribunal is close to its hearing ?

Sorry for all the questions.

atrixblue.-MFR-.

yes diagnosis seems irrelivant to ESA descriptors even though some are designed around bowels!.

as simple letter to the GP saying that you need a relevant report based around the descriptors you believe (in the WCA hamdbook) are relevant that you have provided the WCA for the GP to base the report around these descriptors.

thatsmyusername

Thank you for all your help atrixblue.-mfr-. and also thank you Muttleythefrog. Have a good weekend and thank you again.

Muttleythefrog

Yeah as above... the sicknote declaring those problems could be corroborative of underlying claim of particular descriptors but the diagnoses alone don't really mean anything. Even the incontinence descriptors wouldn't have light shed on them by a diagnosis of incontinence and that's a fairly extreme example of the descriptors tying in quite well to diagnosis. Anxiety is at the other end of the spectrum... someone with anxiety could trigger all sorts of the MH descriptors... or none at all. For the record my sicknotes declared anxiety... I was put in Support group as I would pose a significant risk to others (if found capable of work/work related activity)..lol.. and while I have many more diagnoses today beyond anxiety, I wouldn't have a clue which condition if any relates to this descriptor choice. So medical opinion closely tied to the descriptors is best.