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TOPIC: Now I have appealed…

Now I have appealed… 9 months 3 weeks ago #89641

I sent in a GL24, appealing against the decision to put me in the ESA WRAG instead of Support Group, and just put the standard holding statement from the Guide as my reason. That was on 15 June before going on holiday, and I had already put in a Subject Access Request.

I’ve received the medical report form, and the Decision Maker’s scoresheet. The scoresheet has three columns, for claimant, Atos Healthcare Professional, and Decision Maker, but only the Atos HCP is filled in.

Do you think this means I am simply missing the others, or does it support my theory that the DM accepted the HCP’s word as gospel and failed even to read my ESA50?

The notion that, if you can’t do something repeatedly and reliably, then you can’t do it, seems to have passed them by altogether.

I am trying to draft a statement indicating the activities where I scored zero but think I should have scored 15 points and which should have put me in the SG – but I’m not sure how far I should go in telling them their own job (quoting the DWP WCA handbook at them?)

Also I’m not sure from the Guide whether I should be sending them anything at this stage – I’d really like this overturned at reconsideration if possible, because I don’t have energy to waste on all this. The Guide mentions putting together a statement but that seems to be in response to the bundle they send you if you’re going to tribunal. But perhaps I should trust that the reconsideration DM will read my ESA50 and know about fatigue anyway?

Any advice gratefully received.
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Re:Now I have appealed… 9 months 3 weeks ago #89642

Elaine

I hope you will understand, but with no view of the scoresheet, or knowledge of whether it is the only document used, any view we might have would be pure seculation.

There is no reason why you should not send in a submission, especially if you believe you can hi-light areas where you should have scored points, nor is it inappropriate for you to reference the ESA descriptors or other ESA documents in the public domain, such as the WCA Handbook.

Good luck

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:Now I have appealed… 9 months 3 weeks ago #89644

It is worth making your case as stong as you can at this stage, to give you the best chance of the recon going in your favour.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:Now I have appealed… 9 months 3 weeks ago #89657

Thanks Gordon for the instant reply which enabled me to stop doubting and dithering, and get on with the submission over the weekend.

I squeezed my post in just before 10 on Friday so wasn't expecting a quick response. And thanks to Mrs Hurtyback too.

Elaine
Last Edit: 9 months 3 weeks ago by Gordon.
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Re:Now I have appealed… 9 months 3 weeks ago #89686

Hi,

I too have submitted an appeal and requested an SAR, which I received recently, like you the same columns on my scoresheet were blank. I have written to DWP for the reason and an explanation. Will post If I ever get an answer.
Sunbeam
Last Edit: 9 months 3 weeks ago by Gordon.
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Re:Now I have appealed… 9 months 3 weeks ago #89697

Thanks Sunbeam, I'd be interested to know what they say.

Maybe I ought to have written and asked myself, but at this point I've taken such ages over this submission I don't want to introduce any further delays.

All the best with your appeal.
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