ESA

MariW wrote: In complex cases can a DM without any medical training bring in an expert in the field to give advice beyond that of ATOS? An expensive procedure but surely to the benefit of most claimants.

Mari

I doubt there is anything that prevents them doing this, however, they won't as their position will be that there is no need for this to happen, the ATOS assessor is specifically trained in disability assessment, so there is little that an "expert" can add.

I'm not suggesting that their view is valid in all cases, but it is probably is in the majority and we also need to be aware that such an expert (that the claimant has no access to) may not be to the advantage of the claimant, you only have to look at the divisions in opinion for ME/CFS to see how problems could ensue.

Gordon

Michelle wrote: I filled out my ESA form last October. I can not remember what I wrote about what. I know I should of kept a copy but I did not think I would need to as changing from IB to ESA was so easy. looking at the decision letter they have only cover and looked at the descriptors that I apparently said I felt were relevant No other descriptor has been considered. Looking at the descriptors now I should of put a couple down that I didn't before. I thought they would cover them all like they did in PIP.

The ESA assessment is controlled by a computer program so they will have captured information for all 17+1 questions on the ESA50 questionnaire, so you should not assume that just because they have not been mentioned, that they have not been considered, of course that does not mean that a "missed" Descriptor does not apply, you may have not expressed your limitations in a way that showed that you met the criteria.

You are not limited to only providing evidence/comment for the Descriptors that have been picked out by the assessment but you will need to explain why you are now altering the information you previously supplied and will need to be convincing in doing this. One angle you can use with authority (assuming that it is the case) is that your ESA50 was completed some nine months ago and your condition has changed in the interim, if you have medical evidence that supports this, then all the better.

Gordon

Michelle wrote: I went to CAB yesterday. The lady was very nice. She typed up a basic letter of asking for a reconsideration and why and attached it to a GL24 form. Which I posted, but looking on the internet now I see the GL24 form is no longer used. I had a phone call from CAB today. They have made me an appointment for Monday to help me get ready for appeal.

The GL24 cannot be used for a Decision made on or after 30 October 2013, however, the DWP have guidance to accept one as a request for a Mandatory Reconsideration, but we are aware of claimants who have had problems with a request being treated as for an MR, where the phrase "Mandatory Reconsideration" has not been explicitly referenced, so I would recommend that another letter is sent making it clear that an MR is required, perhaps they can help you do this when you see them on Monday.

Gordon