ESA work group to support group appeal

olias

My wife who suffers mental illness has been moved from IB to ESA (work group) and is appealing to be put into the support group as she is in no way fit to work or to attend the work based activities/interviews etc. This is being done through a welfare support worker.
The welfare support worker contacted her GP and her CPN for supporting reports for the appeal, however has stated that unfortunately neither report was supportive.

I have spoken to the GP and he has stated that he does not remember what he put on the report which was a tick box form, but states that he certainly does not think my wife is fit to work, and has asked if he can have the report back, together with a fresh form and he will see my wife and go through it with her. Hopefully this will enable her to include a supportive report from him in her appeal.

As far as the CPN goes, she is new to my wife, and therefore will have presumably filled in the form on the basis of looking through my wifes notes. Her previous CPN who she had for three years until recently, stated during sessions with my wife that she thought she was in no way fit mentally to go out to work. This CPN has now moved onto another role. Would it be order to contact her directly and ask if she would fill in the relevant forms as she obviously knows my wife and her history better than the current CPN.

Is anyone going through a similar appeal and how are you going about it? Any advice gratefully received.

Oh and by the way - the welfare support worker has told us that her and her entire department are being made redundant by christmas, so time is obviously of the essence as we will be on our own after then. Thanks.

Olias

Torry_Quine

I'm going through this process at the moment. Remember that you only have one month to get the appeal in so don't wait too long. It is taking up to 10 months for an appeal to be heard so you'll have plenty time to send in extra suppporting information later.

I would also contact them to make sure that they have recieved the appeal as they managed to 'mislay' mine and I'm having to send it in again.

olias

Thanks, my wife filled in the appeal form with the welfare support worker, and at the moment, she has all the paperwork and is dealing - she has submitted the appeal on my wifes behalf and is now (hopefully!) collecting supporting evidence to send.

Olias

Cpt.Scarlet

olias

It is not enough for your GP to state that your wife is not fit enough for work, this only qualifies her for the WRAG, which she is in.

To be placed in the Support Group, assuming she does not meet any of the descriptors, then she is going to have to show she is not capable of Work Related Activity.

olias

Hi, and thanks. Yes I do realise that - the descriptors which fit my wifes conditions (Bipolar and Borderline personality disorder) are these:

11. Initiating and completing personal action (which means planning, organisation, problem solving, prioritising or switching tasks).
Cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions.

12. Coping with change
(a) Cannot cope with any change, due to cognitive impairment or mental disorder, to the extent that day to day life cannot be managed.

13. Coping with social engagement due to cognitive impairment or mental disorder
Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the individual.

I guess we need to somehow explain to the GP that if, as he states, he believes my wife is unfit to work due to her conditions, then the system dictates that he must align that with one or more of the above descriptors in his report in order to satisfy the present system. Difficult to do in the space of a short GP appointment without sounding like we are trying to push him into saying something specific.....

Olias

Richie-from-the-Boro

Taking at random any one of the 3 descriptors mentioned in this thread, in this case 'Coping with change'

Coping with change : Acually means cannot cope with any change to the extent that day to day life cannot be managed, you have to prove that :

There exists a severe restriction in the ability to cope with any form of change. It does not represent change related to a specific area in life nor just a simple dislike of change. Their inability to cope with any change would result in such distress that they could not continue with their day to day life – even the most basic activities could not be managed. Those with extremely severe anxiety, severe autism or a learning disability/cognitive impairment may be affected in this area.

For the higher scoring descriptor you have to prove that it represents a level such that a change to routine would mean that life would stop for everyone involved and basic activities could not continue.

The DM's computer will have on it a copy of the Atos Healthcare Evidence Based Protocols, the DM will already have received the 'mental function assessment' done by ATOS at the time of the ESA85 covering the seven mental function categories. If one wasn't done by the HCP then they will have to explain to the DM why one was not completed So the DM will already have within the rules sufficient evidence of scoring the descriptors that any further support evidence from any source including a GP will have to cast doubt on the ATOS process & procedure, or evidence that a change to routine would mean that life would stop for everyone involved and basic activities could not continue.

olias

Hi, sorry, not sure what any of the acronyms you are using mean...DM? HCP?

My wife has never had any contact with ATOS - she has been on IB since being pentioned out of her job in 2001 through ill health. She has only recently filled out a form (can't remember the number, but it was an ESA form) and she just jot a letter back stating she had been put into the WRAG for ESA. She has appealed this. She has never had a medical or any other contact with ATOS (which I understand is unusual in itself).

Olias

Torry_Quine

DM Decision Maker the person who decides if you are eligible
HCP health care provider the person who makes the assesement

olias

Thanks, in that case, my wife has never had a mental function assessment by a health care proffesional for ATOS. She has merely filled in a form....or rather had one filled in for her by a welfare support worker, and apparently this was what they based putting her in the WRAG for ESA on.

Olias

Torry_Quine

The HCP will have made the assesement based on the ESA 50 form and any other information that they had.

tiddlertot

olias wrote: »

My wife who suffers mental illness has been moved from IB to ESA (work group) and is appealing to be put into the support group as she is in no way fit to work or to attend the work based activities/interviews etc. This is being done through a welfare support worker.

The work provider/DWP will accommodate her situation and as such there is no need to fear being in the Work Group.
Only those that are seriously ill are placed in the support Group.

The welfare support worker contacted her GP and her CPN for supporting reports for the appeal, however has stated that unfortunately neither report was supportive.

Quite common nowadays. The days of 'bending' the rules by the GP and mental health professionals are long gone thank goodness. Now they must report on the facts and the facts only and will not be persuaded by the claimant to 'make it a bit more meaningful'.

I have spoken to the GP and he has stated that he does not remember what he put on the report which was a tick box form, but states that he certainly does not think my wife is fit to work, and has asked if he can have the report back, together with a fresh form and he will see my wife and go through it with her. Hopefully this will enable her to include a supportive report from him in her appeal.

It is very unlikely that the GP will be allowed by the DWP to 'alter' his report since the completion of those reports should only be made by reference to the medical records held and not be subject of a chit chat with the GP and him/her filling it in with the help of the claimant.
Normally these reports are completed by the office staff and not the GP for that reason. The GP only signs it.

As far as the CPN goes, she is new to my wife, and therefore will have presumably filled in the form on the basis of looking through my wifes notes. Her previous CPN who she had for three years until recently, stated during sessions with my wife that she thought she was in no way fit mentally to go out to work. This CPN has now moved onto another role. Would it be order to contact her directly and ask if she would fill in the relevant forms as she obviously knows my wife and her history better than the current CPN.

Is anyone going through a similar appeal and how are you going about it? Any advice gratefully received.

Oh and by the way - the welfare support worker has told us that her and her entire department are being made redundant by christmas, so time is obviously of the essence as we will be on our own after then. Thanks.

Not good, but the time has come surely that council taxpayers should not be funding this. If they hadn't have got rid of all of our WRO's in the cuts, I for one would be complaining to the council.
Council Tax being used to fund legal help for people to claim more benefits - hey, what about us that work and pay those bills?

Olias

Quite a lot of cases are now failing because of 'good medical evidence' being completed properly.

In the past I am aware that WRO's used to telephone a GP and even suggest what he/she should put in the report!!!

Talk about being biased.