ESA help please.

Muttleythefrog

jazzy wrote: »

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.

I'll refer to you to a post on another thread as it is ideal to answer your questions here. Let me find it:

https://forums.moneysavingexpert.com/discussion/comment/56167405#Comment_56167405

I'd advise you to call DWP and ask for copy of the ESA85A report which should document ATOS' advice to DWP which almost certainly was what they based their decision on. If you feel that support group criteria is met (i.e. a support group descriptor applies) then it may be worth considering appealing... it'd be handy to know why she qualified for Support group previously... as arguing it still applies may have been a good course on action at this reassessment or in appealling.

allie01207

Just an update:-
I phoned the DWP and asked for copies of the forms. The lady was very nice but a bit unsure about the forms. She kept saying to me 'So you are appealing?' in a amazed sort of tone. I just kept saying that I wanted to see what had been written about me. By the end of the call she said she had asked for the copies and she would send out a GL24 to me. Copies should take 4-7 working days to get here.
Thanks again for your help.

allie01207

I have received the copy of the ESA85A and a GL24.
I have phoned them again to get a copy of the ESA113 and was told they will send it. I received a phone call from the DWP, which I requested, from a very unhelpful man.
He could not tell me if they had a ESA113 in the first place because he was a desk bound adviser with limited information on his screen about paper documents which were held in another part of the office.
I had been told the caller would be able to discuss my case over the phone. Instead he was very brusque and said what he could do was ask the administration people to photocopy the form and send it to me.
I asked if they actually had had the ESA113 from my GP and was told that he did not have that information. I asked if I could call the department myself and was told 'No' So I am still waiting for that to come out.

The ESA85A says that my GP report says that I should have no problems in all functioning areas. It also says that I have "a significant level of disability due to Fibromyalgia, such that they would have limited capability for work" Also "she is living the life of a disabled person and would likely score at interview because of fatigue". Everything after that goes through the descriptors and says they would not apply.

All of the problems that I have with my hands and arms are not mentioned. Neither are the problems I have trying to get my brain to work, to read, or speak properly when my 'fibro fog' is bad. There is no mention of my spinal problems either.
I need to see my GP's report.

Muttleythefrog

allie01207 wrote: »

I have received the copy of the ESA85A and a GL24.
I have phoned them again to get a copy of the ESA113 and was told they will send it. I received a phone call from the DWP, which I requested, from a very unhelpful man.
He could not tell me if they had a ESA113 in the first place because he was a desk bound adviser with limited information on his screen about paper documents which were held in another part of the office.
I had been told the caller would be able to discuss my case over the phone. Instead he was very brusque and said what he could do was ask the administration people to photocopy the form and send it to me.
I asked if they actually had had the ESA113 from my GP and was told that he did not have that information. I asked if I could call the department myself and was told 'No' So I am still waiting for that to come out.

The ESA85A says that my GP report says that I should have no problems in all functioning areas. It also says that I have "a significant level of disability due to Fibromyalgia, such that they would have limited capability for work" Also "she is living the life of a disabled person and would likely score at interview because of fatigue". Everything after that goes through the descriptors and says they would not apply.

All of the problems that I have with my hands and arms are not mentioned. Neither are the problems I have trying to get my brain to work, to read, or speak properly when my 'fibro fog' is bad. There is no mention of my spinal problems either.
I need to see my GP's report.

Yes sadly the DWP agents regarding ESA can be about as helpful as.. well... I'd rather not say in case one is reading. They lack knowledge and the computerised systems seem poor shall we say. I had to ask 3 times (the third time came with the threat of contacting MP and demanding explanation for blocking my sighting of this important evidence) for the ESA113 although like you the ESA85A came on first request... I'd assumed the documents would be held together since they both will have come from ATOS and both are linked evidence. If the ESA85A refers to it then it clearly will exist and the DWP should have it stashed away somewhere.

Obviously if you decide to appeal then make sure you do so within time limit.... and focus on the support group descriptor(s) met... it could be all too easy to get distracted in making an appeal by dodgy reports and their flaws to the extent you lose sight of what you actually need to persuade them of.