APPEALS PROCESS FIRST STEPS.

Hi Gordon,

thanks for your excelent reply. Im really wondering at this early stage ie, 4 days in after my esa50 assesment (wrag group) if I should go with and make a play on the fact that the decision maker hasnt contacted any of my medical pros, and havent had a medical and that if they were in receipt of details from these people they may be likely to change decision and place me in the support group.

I wonder aswel if I should point out that i cannot afford the fees for a private assessment and that this is putting me at a disadvantage as I cannot get a medical report from my Psychologist who has hinted he would do this on private terms. He says he cannot give a report under NHS trust rules because of confidentiality matters and that the DWP have to CONTACT HIM.

Problem being im wondering if the 3 pros involved would give the level of detail which is needed to meet the descriptors or the exceptional circumstances.

Just knowing how to word the appeal in my eyes could be the difference between winning and losing and to be honest Im not very good with words etc.

I note crazydiamond earlier suggested this re- to the fact the DMs didnt request medical details.......

" and you can instruct the decision maker to obtain the requisite evidence at this stage" ends.

How would you put that in your appeal without offending the DM?? and trashing your chances of getting a positive outcome?.

This is all so sensitive.

kind regards A.

Hi Gordon,

Thanks for your reply.

Just to make myself clear, i have nothing what so ever to date as to why my husband has been placed in WRAG, even thpugh i have requested all the relevant paperwork, twice,as to how the WRAG decission was made!!! Date on letter is 15th October 2011. So by my calculation my appeal should be in by 16th November.



Therefore, am stuck onto how to word the appeal, as i have absolutely nothing to go by and do not feel that i should leave it too close to the deadline.

Radhika.

Hi radhika - can you take each of the support group descriptors that apply and tell them why you believe your husband meets these criteria?

Sorry Gordon,

Furthermore, i feel that if i had all the relevant info as to how the WRAG decision was made i may not even have to supply further info and just point out the descrepencies(if any),(i read above what happened to poor Daisy) as i submitted so much detailed info including an up to date report from GP that confirmed all my husbands problems.

Radhika.

Hi Mrs Hurtyback,

I could but not knowing how and what descriptors were used, to me seems as though i am only going to cause us problems further down the line of appeal.
Look what happened to Daisy,even though she had a medical.

I would to be honest feel a lot more confident in dealing with facts rather than assumptions.


Radhika.

radhika wrote:

Hi Gordon,

Thanks for your reply.

Just to make myself clear, i have nothing what so ever to date as to why my husband has been placed in WRAG, even thpugh i have requested all the relevant paperwork, twice,as to how the WRAG decission was made!!! Date on letter is 15th October 2011. So by my calculation my appeal should be in by 16th November.



Therefore, am stuck onto how to word the appeal, as i have absolutely nothing to go by and do not feel that i should leave it too close to the deadline.

Radhika.

Hi R,

A good starting point would be to re-refer the DM back to any relevant information contained in the ESA50 + supporting evidence.

I know it may seem perverse, but claimants should never assume that all the information provided in the ESA50 etc, has been fully taken into account.

In fact there is a possibility that it may even not have been read thoroughly.

It will also be a different DM who reconsiders the award decision.

I am not saying that in all cases a change of decision will occur without any new evidence being provided, however it does happen.

Please remember also that it is the meeting of the descriptors that is important, not the medical conditions themselves, even if a G.P. has given written proof that a claimant suffers from said conditions.

bro58