ESA appeal wrong info from DWP

poppyscarlett

I am so sorry to keep bothering the forum but I am struggling to understand something.
I am going to appeal over my ESA as I failed my medical scoring 0 points (I was in the support group).
My appeal rate has been granted, but today I received two letters from the DWP saying that my appeal is because I disagree I have limited capability for work of which it is confirmed I have capability for work (I was not placed in the WRAG) I scored 0 - how can they make such a huge mistake, not once but in two seperate letters (I have the medical reports and the MR stating I scored 0). How can they get it so wrong. It also states I will need to attend work focused interviews..

Really struggling to know what is going on.
Thank You.

TELLIT01

Many letters sent out by DWP are confusing to say the least. All you can do really is call them on Tuesday to get clarification of that actual situation.

Alice_Holt

my appeal is because I disagree I have limited capability for work of which it is confirmed I have capability for work. I will need to attend work focused interviews..
Did you mean to write " it is confirmed I have limited capability for work"?

So, are the DWP now saying that you have limited capability for work, and placed you in the WRAG group?

Does the letter state - 'We have changed the decision in your favour'?
Does the letter have a para starting - 'If you disagree with our decision'?

Have they done this on the basis of Reg 29 (risk to your health if found fit for work)?
Did you supply medical evidence to this effect with the evidence you sent for the appeal?
The DWP do occasionally change their decision prior to the hearing, if the evidence supplied is very compelling.

If this is the case, and you want to continue your appeal to get into the SG - then you need to complete another MR to challenge this revised decision, and show why attendance at WFI's would be a risk to your health.
Info on Reg 35
http://www.cpag.org.uk/content/making-exception
Assuming this is what has happened, I would also write to the Tribunal Service (TS) and request that your appeal remains open because you disagree with the DWP's revised decision. I suggest giving the TS a ring to get their guidance on how to proceed with your appeal, their advice is likely to be more accurate than the DWP's.

Can you give us more detail from the letter please, as I have made a lot of assumptions from your post - Ta.

As an aside - are you in receipt of PIP?

[Deleted User]

Poppy feel free to "bother" the forum with as many questions relating to benefits as you need to, we are here to help.

poppyscarlett

Thanks for the reply, I have received nothing saying they have changed their mind and placed me in the WRAG group. The only mention of the that is in the two letters yesterday which outline what money I am on whilst appealing. Yes they do say if I disagree I can challenge the decision within 30 days, but those letters make it sound as if I was placed in that group after my medical (which I was not) I scored 0 even after the MR, unless there is a letter I have not received.

The actual wording states
It has been confirmed you have limited capability for work. The extra money you will get is shown on the ESA page then it just states appeal rate £73.10.
I am worried all in all as my appeal to the courts is for a failed medical.

poppyscarlett

I should say I have borderline personality disorder, and whilst I do not want to go on about the failed medical, the actual report makes NO mention of it, the report is more geared to my physical ability which was not an issue.
I did state in my MR I am waiting appointments to go back under the care of the MH team, I told them of the mess I get in financially because of the nature of my illness, also about several accidents (that can be proved) all because of my state of mind at that time, but they wrote back saying nothing had changed, and that as a rule of law first evidence submitted carried the day (or words to that effect) I am going to have to ring them - aren't I?

Alice_Holt

How strange,

Yes looks like a phone call to clarify.

Good luck.

poppyscarlett

Yes, having just read the second letter through it clearly states
You have appealed against the decision that you do not have limited capability for work (am I missing something) or have they
not even read the paperwork of my appeal correctly - but I am still going to ring as I do not trust them and also do as you suggest ring the court dealing with the appeal just to make sure there are no nasty suprises in the pipeline.
Does not take much to confuse me:(

Alice_Holt

You have appealed against the decision that you do not have limited capability for work

I think that's a very convulated way of saying (using DWP double negatives!):

The DWP decision was that you did not have limited capability for work (which would have placed you in the WRAG or SG)
i.e that you were found fit for work (with 0 points).

This is the decision you have appealed against.

At least that's my reading of that sentence.
So (hopefully), you can ignore my post @ 3; and your appeal stands.

poppyscarlett

Thank you, and that at least stops me having to phone them - so I am thankful for small mercies.
I truly did not understand their wording and this is just the start of it all:eek:

aaronlowe

poppyscarlett wrote: »

I should say I have borderline personality disorder, and whilst I do not want to go on about the failed medical, the actual report makes NO mention of it, the report is more geared to my physical ability which was not an issue.

I wouldn't worry about being borderline. That just shows you are human and not a robot. Don't frame yourself in negative terms. Stick to the facts. If they ask you if you have a mental condition then back it up with documentary evidence.

I was once advised by DWP to seek a psychology assessment. So, I took the DWP letter to my doctor and requested just that. I knew I was fine but was just following DWP advice. The doctor refused. So, I wrote back to DWP with the doctor's refusal. The DWP again stated that my ESA claim was invalid without a psychology assessment. I took this new response back to the doctor and he still refused. I asked why he was refusing. He stated because it was the policy of GPs to not refer patients by personal request. I pointed out I was following DWP advice. The doctor refused to accept the DWP as a valid organisation that could make that request.

Over a period of the next 9 months these tit for tat letters bounced back and forth between the DWP and my doctor, with me having to do all the legwork of delivering the correspondence as they both refused to speak to each other directly. Eventually my claim went to tribunal and it all became moot.

In all that time I never allowed myself to be labeled in any way as this would have had a detrimental effect on my mental health. I saw it as a ploy by the DWP to place an obstacle and my doctor was just not taking the bait, which, to be honest, I wouldn't have either.

So, stick to the facts. Don't make stuff up unless you have the documentation. In my example I had plenty of documentation to prove I had done everything in my power to get the assessment the DWP were requesting. So, my point is, even if you don't have the facts, the fact that you sought the facts, is still a fact. I believe this was a helpful factor in my tribunal as I could prove I had done everything in my power to follow all advice from the DWP and all the other agencies. When the tribunal saw I had stuck to the facts the whole way this worked in my favour.