ESA help please.

allie01207

I have been on long term Incapacity Benefit and am now being transferred to ESA. I filled in the ESA50 form and sent it back in September.
A week later I phoned to check that they had received it and was told they had, and that they were waiting for a form to be returned to them from my GP.
I have just received a letter from the DWP, it states that I have been placed in the WRAG part of ESA.
I have not had a face to face meeting with anybody at all.
My GP has stated in a letter for me that I am unable to work as has my consultant. Both agree my condition will not get any better.
I know that the ESA money will not continue after 12 months because my husband works.
I know that I am unable to get JSA because I cannot work.
Obviously I did not fit the descriptors needed for the support group in their opinion.
I want to appeal their decision not to put me in the support group. Can someone please tell me the best way to go about this?
Thanks for reading what must be the umpteenth post about this!

rogerblack

Your doctors opinion is not very relevant.
First step is to get a copy of the medical report done on your case file by atos, the es85a.
This will let you know why they believe you did not qualifynformsupport,

allie01207

rogerblack wrote: »

Your doctors opinion is not very relevant.
First step is to get a copy of the medical report done on your case file by atos, the es85a.
This will let you know why they believe you did not qualifynformsupport,

Thank you for replying.
Do I get the es85a from the DWP or Atos?

Muttleythefrog

From DWP... use number at top of DWP ESA letters. It is an ESA85A ATOS report. I note also your GP was contacted therefore there should also be an ESA113 GP completed form... request that too.

Reagrding support group... have a good look at the descriptors and if you do feel you should qualify then appealling may be worth it especially if you can get supporting medical evidence.

princessdon

Whether you, your GP, or your consultant feel you can work is not relevant.

The only relevance is the descriptors.

atrixblue.-MFR-.

as per above. http://www.dwp.gov.uk/docs/wca-handbook.pdf have a look at the descriptors for support group you only need to score 15 points in ONE of the descriptors for support group. request ESA85A ESA113.

did you send your original medical reports? i hope not, your going to need those but will be sent to you upn your appeal submission when the tribunal services receive the request.

what condition do you have if you dont mind my asking and what difficulties do you have day to day? this will help assist you going further in you letter of appeal.

allie01207

Thanks for all of your replies, I will ring the DWP tomorrow. I only sent copies of my doctors letter with the form.
Will the ESA85 tell me where and what I scored points on?

Muttleythefrog

allie01207 wrote: »

Thanks for all of your replies, I will ring the DWP tomorrow. I only sent copies of my doctors letter with the form.
Will the ESA85 tell me where and what I scored points on?

The ESA85A should do that yes... it's much shorter a document than the ESA85 medical report that you would have had produced by ATOS if a face to face medical was conducted. But the document should give the descriptors found to apply.

ash5896

allie01207 wrote: »

I have been on long term Incapacity Benefit and am now being transferred to ESA. I filled in the ESA50 form and sent it back in September.
A week later I phoned to check that they had received it and was told they had, and that they were waiting for a form to be returned to them from my GP.
I have just received a letter from the DWP, it states that I have been placed in the WRAG part of ESA.
I have not had a face to face meeting with anybody at all.
My GP has stated in a letter for me that I am unable to work as has my consultant. Both agree my condition will not get any better.
I know that the ESA money will not continue after 12 months because my husband works.
I know that I am unable to get JSA because I cannot work.
Obviously I did not fit the descriptors needed for the support group in their opinion.
I want to appeal their decision not to put me in the support group. Can someone please tell me the best way to go about this?
Thanks for reading what must be the umpteenth post about this!

Hi if it's any help I am in exactly the same situation as you. My partner was working and my ESA contribution based was stopped in April. I'd already put an appeal in which I had today. Unfortunately the judge did not accept my additional evidence from consultant extra as I'd posted it too late.
However I was really worried and scared. The tribunal panel allowed my appeal and couldn't understand why I was not placed in support group. They only asked me to explain my disability which I did
. It seemed really good as they were relaxed and really understood my situation.
I was really regretting not taking anyone with me apart from my partner but it was a sigh of relief.
Please get a copy of your report. In my case I was given 9 points for walking, which they increased to 15.
I hope my answer helps. It's ridiculous that I worked since leaving school and due to a serious injury unfortunately has left me in same position as you and no chance of getting any better.im sure people on here will also share their experiences but don't be scared of appealing

allie01207

So, I am asking for a copy of a ESA85a and a copy of an ESA113. Thanks for that.
Once I see the reports, I will be able to see what they have said about me and my illness.
I do know that by appealing I put the original decision at risk, so I am going to take things slowly, staying within the one month appeal time of course.

jazzy

My wife is in a similar situation, she completed and sent this year's ESA50 form to the Department of Works and Pensions and had the reply back today. Last years assessment put her in the ESA Support Group. She has now been put it the ESA Work related Group, which is ridiculous with her health problems.

Is it Atos who analysis the ESA50 forms and comes up with the decision? She has not had the Atos Medical assessment yet and she cannot understand why this years decision has changed.