APPEALS PROCESS FIRST STEPS.

hi martin,

yes thanks for posting that im wondering if I should be a little more subsersive (is that spelt right)and im wondering if they are catching on B@W members are all using the same approach in their submitted appeals.

How to tackle the descriptors without repeating what ive already said and without pro health worker backing is going to be very difficult.

Im worried that my GP will just send a letter covering my incapacity rather than pointing out how it effects my day to day life, but what can you do??????????????????

I cant ask him to put a report together word for as I would submit, or B@W would recommend, hes the pro not me and I feel like a beggar asking him and my other health workers for these reports.

I keep changing my approach day by day. im just wondering when its best to contact CAB, now before I send the appeal in or when and if I an given a tribunal??.

regards A.

Biffer take a look at bottom 2 paragraphs on post 73371 crazydiamond. Im somehow going to incorporate this into my appeal along with examples of what they could have missed from the pros re- to descriptors.

Mind if the health pros dont back me up ie with their wording on theit reports Im zapped.

regards A.

Thanks for all the interesting info on this thread.

Just to let you know - I obtained a copy of the DM report. All it said was that I had scored at least 15 points (no indication of how but looking in conjunction with the Atos report it is probably for mobility). Report went on to say that as a result I am deemed to have LCW but not LCWRA. Then refers to the date the award is from and the relevant legislation - and that is it.

The report does say that the available evidence has been considered, but there is no indication what was available and what was actually been reviewed (other than throwing spaghetti at the ceiling and seeing if it sticks or not). So I will attach my medical info with the appeal just to be on the safe side, although it has already been sent in with the ESA50. I do wonder if the DM even looked at my ESA50 or medical evidence - or just 'rubber stamped' the Atos report.

The lack of relevant info regarding the scoring of points does make an appeal more difficult, as I am guessing where the points have been awarded.

Article - I know what you mean about asking HCP's for medical evidence - the difficulty is getting the evidence in the format that exactly meets the DWP descriptors. What I did at the beginning of the year (before I knew the changeover date) was to prepare a schedule for my GP with descriptors - and a short para describing my current functioning. I will be going back to my GP shortly for a letter, and I will refer her to my schedule and ask her to write me a letter based on her knowledge of my difficulties and taking into account my schedule as she sees fit. I do have a good relationship with my GP though, which helps. As these ESA reviews seem to be much more common than the IB reviews were it may be worth, in the future, providing your HCP's with an uptodate description of your functioning, every 6 - 12 months based around the ESA descriptors.

radhika

they wont explain how they came to the decision. i personally think that "meets the threshold" means simply i scored 15 points & after that they never bothered to add up any more. i was told on the telephone that it doesnt matter if you score 15 or 50 points, once youve scored 15 you qualify for esa. but of course it does matter in getting into the support group & this is the argument i shall bring up at my tribunal.

martin

Hi Martin,

I firmly believe that they are creating a smoke screen in that they are being quite economical in what they are informing you of. As rightfully pointed out by one of the moderators that the onus lies on DWP to prove that you are not eligable for ESA. So the same would aply for SUPPORT GROUP.

Lets break this down. You have scored enough points regadless of how many (15 minimum to whatever the maximum may be, to get into WRAG. therefore, you have passed the first or a test of "incapacity"!!!!

Why don't you write asking them directly as to why they did not put you into the support group???? I know that they will not explain why they put you in WRAG!!!!!

This will then give you the ammunition/Start basis on what grounds to base your appeal on!!!!

Radhika.