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aw248

Reassessment - ** TRANSFERRED BACK TO SUPPORT GROUP **

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Hi, I am currently in support group. I filled in a form, ESA50 in the beginning of July last year. I was called in at the end of December last year for a face to face assessment, I was there for four hours and the interview lasted three hours, I was asked all sorts of questions.

 

I still haven't received a letter from Department for Work and Pensions, Im hoping that I will still be in the support group. If that is not the case, can you please advise me on what I need to do next to dispute their decision.

About four years ago, DWP put me in work force interview, I had to go to the tribunal to overturn their decision.

 

I understand the rules have changed, could you please advise me on what I need to do if I have to go to the tribunal again.

 

I appreciate your help and advice, thanks in advance.

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You haven't got the result of the assessment yet. The letter, when you receive it, will explain why you were or were not successful. That, and only that will determine your next step. Anything else will only add to your premature, unfounded anxiety.

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Hi AW248. Happy to help - have assisted many claimants in Support Group through the process.

 

To get some background pl answer some, or all, of the following queries :

 

1) When was your last ESA assessment (may have been migration from Incapacity Benefit) ? Was the outcome of your last assessment based on a face to face assessment or was it just paper based ? I get the impression that you were placed in WRAG to start with.

2) A period in excess of five months is one hell of a long time to be invited to attend a medical. How much notice were you given ? Did you re-schedule an earlier appointment ?

3) Did you request that the assessment be tape recorded ?

4) What is the nature of your impairment(s) - physical, mental or given that you had a 4hr medical, is it a mixture of both ?

5) Was the Maximus/ CHDA Health Care Professional kind and reasonably supportive. Some are ; many are not.

 

Look forward to hearing from you.

 

B

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Hi everyone,

After 2 months since the assessment I had a standard letter from DWP informing me I been placed from Support Group to Work Related Activity Group.

 

I have telephoned DWP on Friday to request mandatory reconsideration.

I am also sending a letter tomorrow to DWP for mandatory reconsideration.

 

If DWP withholds their original decision, then I will definitely be going to the tribunal.

 

Any advice you can give me to prepare for the tribunal will be appreciated.

 

I did go in 2013 to the tribunal in similar situation, the tribunals decision was in my favour.

I know since then things have changed a little bit.

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I had a letter from DWP regarding mandatory reconsideration, they are holding their original decision.

 

My question is, how do i appeal to the tribunal?

 

Thanks.

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Download the form SSCS1, fill it in, send it off (if you can get to a post office ask for a free proof of posting certificate - no need to send it signed for) and then wait for a reply.

 

Form is found here https://www.gov.uk/social-security-child-support-tribunal/appeal-tribunal

 

Fill it in as best as possible, argue your case well (i.e. I should be in the Support Group because... I meet special Rule/score X points on Descriptor 1,... 2,... 3,.. 4,... etc and supply supporting evidence if needed.

 

Don't worry about sending everything or if you are waiting on things. Once the appeal is accepted you will then be sent an Appeal Reference - if you need to send anything else - write a nice letter explaining what you're sending and why/what it proves putting that Appeal Reference, ESA and your NiNo at the top of every page you send in.

 

My top tip for evidence gained after the date of the decision is to try and link it to any previous evidence report you have and ask the tribunals discretion

 

This was a push but they accepted my Psych report created 3 months after the ESA nil points decision and brought into play the Psych report some 3 years previously - it's all about the wording!

 

Dear Sir/Madam,

please could you add the enclosed 2 page Psychiatric Assessment Report to my referenced above appeal submission for Employment and Support Allowance.

Whilst I fully understand that this evidence is from after the date of the ESA assessment/decision Jul-Sept 2016. I hope that when read in conjunction with the previous Psychiatric Assessment Report (Dec 2013) it shows a continuance (I'm not sure that's the right word for it?) in both reports' conclusions (well as much as two psychiatrists can). Therefore (at your discretion of course) could be considered valid as if created on/before the assessment/decision date or if not, might be used to add weight to the continued relevance/validity of the earlier 2013 report at the time the assessment/decision for ESA was made?

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Speedfreek Thank you for your reply.

 

My problem is, i'm not very good at writing letters, filling forms and explaining things in writing. My son is typing but he only types what I tell him.

I will do my best to put my case forward and I will ask my doctor for another letter, problem is doctors only write basic letters they don't go in full details.

Last time I was in a similar situation about 3 years ago, I took a basic letter to the tribunal, and the appeal was in my favour.

 

I been long term ill suffering from depression, anxiety, diabetic, high blood pressure, neck pain, arthritis, liver issues etc.

My condition slowly has been worsening in the past years, I believe DWP are treating me and others with ill health unfair.

 

I went to the assessment, I was given only 2 weeks notice, the assessment was nearly 3 hours and i was in the centre for nearly 4 hours, there were 2 ladies in the assessment room one was typing, the other one was sitting on a chair taking notes, the one on the computer kept asking me questions sometimes the same questions after a bit, i was so tired and mentally unstable and could not answer questions correctly. I broke down during the interview, and had to go to the toilet and come back and carry on with the interview. I believe the system is unfair to disabled and sick people. No matter how much evidence you take, they make their own rules.

 

I would like everyones help on this forum to put a strong case to the tribunal so that the appeal is in my favour.

I have been going to citizens advice bureau, they shut their doors early because of work overload.

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Honeybee thank you for your reply.

I am finding it difficult to do an appeal form, I will try to find someone who can help me with this form. Just don't know how to start.

I hope someone will give me a rough idea, what to put in grounds to appeal?

 

Just reading mandatory reconsideration notice, it says, quote

"You were awarded 6 points for the activity initiating personal actions. 6 points for the activity for going out. and 6 points for the activity coping with social situations."

 

How many points does that give me, doesn't that take me over 15 points?

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Have you read the stikky, aw?

 

Have you got the form that Atos/Maximus filled in about you? You need to go through that and find all the anomalies in what they said about you.

 

Then you need to check the DWP descriptors to see which ones you fit and how many points you should have got.

 

Once you have that, you should be able to slot the information into the stikky template.

 

HB


Illegitimi non carborundum

 

 

 

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No I don't have any notes from Atos/Maximus, I only have mandatory reconsideration notes. Could you please answer my above question about the points?

 

Is it possible to request from DWP for Atos/Maximus notes now? I only have one month to send the appeal in.

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Could you please answer my above question about the points?

 

I don't claim to be an expert, but on the face of it you have 18 points as you say. What reason did they give for not paying you ESA please?

 

HB


Illegitimi non carborundum

 

 

 

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The form you want to see if you don't have it already is the ESA85.

 

HB


Illegitimi non carborundum

 

 

 

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Yes that's what I'm thinking, I have 18 points according to the letter, I was placed from Support Group to Work Related Activity Group, and I am appealing to stay in Support Group. So you think the 18 points is enough to place me in the Support Group? and why are they saying in the letter that they are unable to change their decision?

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Yes that's what I'm thinking, I have 18 points according to the letter, I was placed from Support Group to Work Related Activity Group, and I am appealing to stay in Support Group. So you think the 18 points is enough to place me in the Support Group? and why are they saying in the letter that they are unable to change their decision?

 

I'm not sure that the number of points is what gets you into the Support Group, but hopefully others will clarify.

 

If the letter is following your MR, very often the DWP refuse to change their decision. After that, you're on to the tribunal stage.

 

HB


Illegitimi non carborundum

 

 

 

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Thanks for your replies I just googled and it says you need 15 points to be placed in support group. Do you think DWP made some sort of mistake? If I was given 18 points by them, surely I should be in support group.

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My understanding is that 15 points gets you ESA. The Support Group sounds more complicated than just the points.

 

HB


Illegitimi non carborundum

 

 

 

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The form you want to see if you don't have it already is the ESA85.

 

HB

 

Which form is this, what will be on this form and how do i request this form? Thanks.

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ESA85 is the report that Atos/Maximus wrote about you after your WCA. Have you had this?

 

If not and you want to see it, you need to ask the DWP. I don't know how long it takes though.

 

HB


Illegitimi non carborundum

 

 

 

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The number of points scored is irrelevant when considering the support group. To be placed in the support group you need to meet one of the support group descriptors (which are here http://www.legislation.gov.uk/uksi/2011/228/schedule/2/made) or meet the 'substantial risk' criteria.

 

Please read the support group criteria carefully and see which one(s) you think you meet. If you don't think you meet any of them, would asking you to attend work-related activity (such as appointments with a disability specialist and the Jobcentre) cause a substantial risk to your health?


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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reallymadwoman Thank you for your reply.

 

I checked that link, 5 paragraphs applies to me number 8, 11, 12, 13 and 14. I'm filling in the SSCS1 form, in section 5 grounds for appeal, do I just put those 5 paragraphs?

Thanks.

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Any advice how to fill SSCS1 Form section 5 grounds for appeal?

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Are you able to scan up a pdf of that section of the form please? It will help us to advise you.

 

HB


Illegitimi non carborundum

 

 

 

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Hi all,

I had a letter from tribunal to inform me that they have received my appeal form.

 

How long will it take for the hearing date?

 

I hope I am successful, if not whats the procedure for upper tribunal?

 

Thanks.

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