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Appealing against ESA WRAG - Help Q's


Billiam
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Hello all

I'm new here but I've been reading the forums via many Google search results since I received my ESA50 in the summer and now I've got the Decision Makers decision and I've been placed in WRAG when I thought I met descriptors to place me in support group.

 

I'll try and keep this as clear and succinct as possible but I've typed it several times now and each one results in a novel so I think to get started I'd best keep to the basic facts.

 

I've been on Incapacity benefit for over 10 years due to mental health problems, I had the ESA50 form which I completed and returned. I requested a home visit for the WCA medical and my Doctor sent in medical evidence along with a letter requesting the home visit. ATOS eventually informed me that the medical evidence from my Doctor was enough and a medical was no longer required.

 

So this where I am today;

I've been placed in WRAG, I requested my ATOS medical report and received a ESA85A form, I'm led to believe (via google) that you get this when a face to face medical hasn't been carried out. Is the ESA85 report different?

 

My ESA85A form states:

Advice

I advise that the person meets the criteria for having limited capability for work.

Prognosis:

I advise that a return to work could be considered within 12 months.

 

It then goes on to list all the descriptors, none of which apply to me according to ATOS. No mention of points, I thought there would be.

 

Help needed, some questions

 

I've just read about the ESA85S Personalised Summary Statement, would I be able to request that if I didn't attend a medical?

Are there any other forms I can request to help with my appeal?

 

I've read that Support Group isn't about scoring points but meeting one or more descriptors, is this true?

Do ATOS give the DWP DM the medical evidence my GP submitted to them (ATOS)?

Would it be wise to include it again with my appeal form along with a letter from my GP stating that the medical evidence expressively shows I qualify for certain SG criteria?

In my appeal form is it okay to state your reason for appealing is that you feel you meet certain criteria for support group and set out your reasons?

 

During the appeal will I have to send in sick/fit notes if I've already been placed in WRAG? Do I still have to attend the Work Focused Interviews?

 

Thankfully my doctor has been really supportive which has been a great help and relief, just to feel someone is on your side when everyone else seems to be against you.

 

If you have been thank you for reading and for any help you can provide, I'm sorry about the length of this post and for all the Q's. I've read so much info that my head is in a right mess, hence all the questions, I'm struggling to keep it all in.

 

Thanks again :)

Bill

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I've read that Support Group isn't about scoring points but meeting one or more descriptors, is this true?

 

Yes. To get into the support group, you just have to meet a descriptor. You should provide evidence explaining why you meet one or more of the criteria.

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:Billiam:

 

An ESA85S is an add on to the ESA85 report from a face to face work capability assessment. No face to face, no ESA85S. (In my experience, but another contributor has a different understanding of ESA paperwork.)

 

Everything in your file, including medical evidence, should be returned to Work n Pensions for consideration by a decision maker.

 

An appeal form along the lines of why you feel you meet criteria for the support group is fine, especially if it's supported by a letter from your doctor and medical evidence. On the basis of better safe than sorry, I'd include copies of the medical evidence.

 

While you're in receipt of employment n support with the work related activity component you don't need to submit Med 3 (unfit) notes. In theory you'll have to attend work focused interviews. In practice they're often waived pending the result of an appeal.

 

Sincerely, Margaret.

Edited by **Margaret**
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Thank you both Nystagmite and Margaret for taking the time to read & reply, it's cleared things up for me. I know that for most of the regulars here it must become tiresome seeing the same questions asked over and over but I wanted to get it out there to see what someone else thinks and I appreciate it, thank you :)

 

I've got to fill in and return the GL24 and I'm at the doctors this week, if I return the GL24 before my GP has time to write a letter & re-send evidence can I send it in at a later date, is there a time limit for the initial re-examination of my case? See I'm hoping the decision will be changed before going to tribunal but I have a feeling that's much easier said than done.

 

Once again, thanks.

Bill

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:Billiam:

 

There's a time limit of one month, from the date of the decision, to submit a GL24. If necessary, the doctor's letter and the copy medical evidence (with your national insurance number written on every sheet) can be sent separately from the GL24.

 

Unfortunately, there isn't a time limit for decision makers to reconsider their decisions.

 

Margaret.

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To add to what Margaret said about sending medical reports late - I would also send a cover letter explaining what the medical is for. Just something along the lines of "the enclosed medical reports are for my ESA appeal".

 

You can send evidence up to 7 days before the tribunal.

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