Placed in WRAG for ESA - ESA50 Ignored & ESA113 Not Incorrectly Filled by GP

[Dizzers]

I applied for ESA and have been placed in the Work Related Activity Group (WRAG). I am registered disabled and revieve the highest component of Care and Mobility for DLA.

 

The reason for my disability is I had a badly compressed disk in my neck resulting in loss of feeling/use of my left leg. I also suffer loss of feeling, strength, pins and needles and constant severe pain from my neck radiating down my right arm to my finger tips. Since my ACDF operation in January this year, I now also have similar problems with my left forearm/hand.

 

Due to the length of time the disc was compressed, the surgeon explained the procedure would be viewed as a success if it stops the symptoms getting worse.

 

When applying I filled out form ESA50 and for Part 1 point 1 I ticked NO for the moving 50 metre questiona and NO for the 200 metre question explaining the issues facing the loss of use of my left leg and having to struggle to mobilise on two crutches. I also answered NO for the question relating to Going up or down stairs.

 

I was somewhat surprised to not on the ESA85A Medical Report Form states they used evidence from ESA50, Med 3, 113 and FRR4 forms.

 

Under Justification for Advice, it states "The available evendence does not suggest that the client has severely restricted musculo-skeletal or cardio-respiratory function such that they would be unable to mobilise more than 50 metres, or transfer between two seats without assistance from another person."

 

I was never called for a medical assessment by ATOS Healthcare which confused me as I'm sure, had they had the opportunity to see how restrictive my mobility is they would not have put this as a reason to deny me the Support Group catagorisation I'm sure I should be in.

 

I made Subject Access Requests from the DWP and my GP and had the opportunity to see the ESA113 form my GP filled out. Despite visiting him several times and seeing the numerous letters from my hospital appointments my GP left section 4 completely blank and left the most importact issues relating to my physical health off of Conditions and Dates of Diagnosis part of the form.

 

Could this be the reason why the information given on ESA50 were ignored?

 

I have also seen the following as part of my SAR from the DWP under document LT54 'WCA Allowance + WRAG':

 

"The Decision Maker has also considered limited capability for work related activity. Having considered the available evidence the Decision Maker has decided that by reason of his physical condition none of the descriptors set out in schedule 3 of the ESA regs apply to Mr XXXXX XXXXXXX."

 

Is it possible my GP's lack of information could prevented me being called for assessment and/or put into the incorrect group?

[osdset]

Absolutely. I would sack my GP.

[Nystagmite]

When applying I filled out form ESA50 and for Part 1 point 1 I ticked NO for the moving 50 metre questiona and NO for the 200 metre question explaining the issues facing the loss of use of my left leg and having to struggle to mobilise on two crutches.

 

Can you use a wheelchair? They'd argue if you can't use crutches, you use something like a walking frame or a wheelchair.

[time4change2]

it could be one of the factors yes but then again it could just be what the ATOS medical person has sent over in there report and what they have stated in it.

 

it could be a factor of few things however this is conmen when it comes to making a decision even though a lot of things are based on evidence provided they have to also make a decision on when they feel you might get better and might be able to return to work sounds silly i know but this is what they normally do.

 

you can always appeal against the decision and then get a reconsideration of the original decision if you do this make sure you seed in as much evidence for your appeal even the bits you think you GP may have missed out. you can also put to then why you think the decision to place you in the WRAG group and not the SG is wrong and how you feel your condition meets those descriptions

[Dizzers]

osdset - I have requested my family are moved to a different GP's list.

 

That said the GP has tried to make amends. I understand this was sent to the local BC yesterday:

 

"As advised by ATOS Healthcare, I would be grateful if you would takethis supplementary and additional information into account regarding this man’srecent Work Capability Assessment Outcome Notification (enclosed).

I am writing to point out that there are some additional items to the ATOSform that I completed on ?? January 2013 for Mr xxxxxxxx (original copy of formattached) namely clarification of items that appear not to have been given thecorrect weight by ATOS. I am not anoccupational specialist, and I am unable to do full functionalassessments. However, it would seem tome that this man’s low back pain that is complex and been managed by theChronic Pain Clinic over a long period of time makes his mobility much reducedand this needs to be considered as a greater handicap than is perhaps currentlythe case.

Shortly after I completed the form, this gentleman had an operation onhis cervical spine due to disc prolapses and required a complicated operationby the neurosurgeon at @*^4£ C&%£2@\ Hospital. Recovery from this operation of ?? January this year has not been easyand the surgeons themselves describe it as a stormy recovery. This also makes for much reduced mobility andwasn’t mentioned at all in my report dated 28 January 2013.

Recovery from this process is classically a many months’ process and itis not clear that a full recovery is expected.

I hope this helps to improve your understanding of this man’sdisabilities. I am sorry for not havingbeen able to give you a fuller functional assessment at the time. I certainly missed the degree to which theneck was a problem, but we have now got surgeon’s letters from King’s Collegewith their opinions and assessments."

I wonder if this will make a difference?

Nystagmite - I have tried using a manual wheelchair and struggle due to loss of strength and grip in my hands. Physically getting along is almost impossible.

Nitelite - Thanks for the heads up.