ESA Claim

epitome

Looks alright to me.

SJI85

When appealing and writing the letter requesting appeal, is it appropriate to specifically refer to ESA descriptors?

For example - "Getting around - It has been claimed I do not have difficulties because of x, y and z. I do not agree with this decision because of a, b and c (reference with medical evidence or the ESA85 when possible). I therefore believe I meet the criteria for Descriptor "Getting About - cannot travel to unfamiliar locations without significant distress - 6 points".

I can't remember the exact wording of the descriptor off the top of my head, but you get the idea.

epitome

I don't know how the tribunal would view it and each tribunal would be different -of course-
It shows you have done your homework, and anyone (internet savvy or with help) can find this information for themselves. The DWP do not provide it to claimiants unless they ask, and even then, a claimaint would be hard pressed to get it through the DWP firewall - that is their contact centres & jobcentres.
For someone with aspergers it should/would be expected that they should research ESA and go into factual detail in the way they approach the appeal process.

One tribunal could see this as easily obtained information - typically referenced to by a claimant who has aspergers.

Another tribunal could imagine that this claimant has obviously tailored their answers meet the descriptors.... that they have somehow managed to get hold of.

SJI85

epitome wrote: »

I don't know how the tribunal would view it and each tribunal would be different -of course-
It shows you have done your homework, and anyone (internet savvy or with help) can find this information for themselves. The DWP do not provide it to claimiants unless they ask, and even then, a claimaint would be hard pressed to get it through the DWP firewall - that is their contact centres & jobcentres.
For someone with aspergers it should/would be expected that they should research ESA and go into factual detail in the way they approach the appeal process.

One tribunal could see this as easily obtained information - typically referenced to by a claimant who has aspergers.

Another tribunal could imagine that this claimant has obviously tailored their answers meet the descriptors.... that they have somehow managed to get hold of.

Thank you. It's easily obtainable information as you know, many charities will provide the desrciptors, but that would be my concern, that I'd be tailoring my answers. I think I don't think I'll do it.


Also, and I asked this in my PM (so obviously if you can answer here there's no need to reply to my PM), but when appealing is a medical report requested from the claimants' GP which is then considered by the tribunal? Only it my GP was initially reluctant providing a letter for my Madatory Recon, as she said they'd request a report anyway, but I explained to her this must occur at the appeal stage not mandatory recon stage.

epitome

There will be no contact between the tribunal and your GP

The tribunal will use the bundle passed to them by the DWP, which includes the ATOS ESA80 report and any reports ATOS obtained from your Dr.
And the information that you provide to tribunal directly.

I'm not sure if the DWP automatically provide you with a copy of the bundle, but you can certainly ask them for a copy of it. Your wording for a copy of it could be..
"Please send me a copy of the contents of the ESA55 and any other evidence that will be submitted by DWP to the tribunal, in other words a copy of the appeal documents bundle"

SJI85

epitome wrote: »

There will be no contact between the tribunal and your GP

The tribunal will use the bundle passed to them by the DWP, which includes the ATOS ESA80 report and any reports ATOS obtained from your Dr.
And the information that you provide to tribunal directly.

I'm not sure if the DWP automatically provide you with a copy of the bundle, but you can certainly ask them for a copy of it. Your wording for a copy of it could be..
"Please send me a copy of the contents of the ESA55 and any other evidence that will be submitted by DWP to the tribunal, in other words a copy of the appeal documents bundle"

Right. I didn't think there would be contact, but my GP was insistent that a report will be asked for. I have the ESA80 and I'm not sure if any reports were obtained by ATOS (which partly explains why they kept referring to my "mental health problem", instead of bipolar disorder, in the WCA - The only evidence I was able to provide them at the time did not mention my bipolar, only vaguely referred to depression and moderate anxiety, which wasn't helpful.