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A victory of sorts - WRAG to SG appeal

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10 years 9 months ago - 10 years 9 months ago #105077 by elaine pyrke
A victory of sorts - WRAG to SG appeal was created by elaine pyrke
I appealed to go in the Support Group instead of the WRAG on migration from IB last May. I heard nothing bar the acknowledgement.

I finally involved my MP, and yesterday got an email forwarding the response he got from a Complaints Resolution Manager – this confirms that I have won my appeal and been put in the Support Group.

My rapture is modified on two counts.

Firstly, they give the date when they actually made the decision – 2 October last year. So for the last 8 months I have been stressing about this ***entirely needlessly***. Not knowing if I was going to be dragged in front of a tribunal, or lose my benefit in June. Words fail me.

Secondly, they say my prognosis in the SG is one year – so I have a couple of months before the next ESA50 and the whole merry-go-round starts again.

I said in my letter to my MP that I do want a decision letter, and also the evidence they used to make the decision including score-sheets. (I’m not sure from the Guides what I should ask for following success at the reconsideration stage.)

Should I now do a SAR for all this, or contact the Complaints Manager myself, or ask my MP again?

Many thanks

Elaine
Last edit: 10 years 9 months ago by .

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10 years 9 months ago #105079 by

elaine wrote: I appealed to go in the Support Group instead of the WRAG on migration from IB last May. I heard nothing bar the acknowledgement.

I finally involved my MP, and yesterday got an email forwarding the response he got from a Complaints Resolution Manager – this confirms that I have won my appeal and been put in the Support Group.

My rapture is modified on two counts.

Firstly, they give the date when they actually made the decision – 2 October last year. So for the last 8 months I have been stressing about this ***entirely needlessly***. Not knowing if I was going to be dragged in front of a tribunal, or lose my benefit in June. Words fail me.

Secondly, they say my prognosis in the SG is one year – so I have a couple of months before the next ESA50 and the whole merry-go-round starts again.

I said in my letter to my MP that I do want a decision letter, and also the evidence they used to make the decision including score-sheets. (I’m not sure from the Guides what I should ask for following success at the reconsideration stage.)

Should I now do a SAR for all this, or contact the Complaints Manager myself, or ask my MP again?

Many thanks

Elaine


Hi E,

Glad to hear of your success, and that you are finally gaining some resolution to this issue. :)

If you have a "Direct Contact" with Complaints Manager you could use that.

In any scenario have a read of this post onwards in this previous topic, it should give you the information required :

www.benefitsandwork.co.uk/forum?view=top...7565&start=48#104971

If it doesn't please reply to this topic after 8 PM, as the forum is now closing.

bro58

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10 years 9 months ago - 10 years 9 months ago #105081 by elaine pyrke
Replied by elaine pyrke on topic A victory of sorts - WRAG to SG appeal
Thank you for this.

I did a SAR on the original decision so I have the ESA85 including something entitled Decision Maker’s scoresheet with three columns, headed claimant/Atos HCP/Decision Maker but only the HCP column is filled in – I interpreted this to mean they didn’t read my ESA50 and the DM just accepted the Atos nurse’s scores uncritically.

Should I now be asking specifically for an LT54 or an ESA114, or generally asking for all documents used plus scoresheets? And the decision letter.

Thanks

Elaine
Last edit: 10 years 9 months ago by .

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10 years 9 months ago - 10 years 9 months ago #105083 by

elaine wrote: Thank you for this.

I did a SAR on the original decision so I have the ESA85 including something entitled Decision Maker’s scoresheet with three columns, headed claimant/Atos HCP/Decision Maker but only the HCP column is filled in – I interpreted this to mean they didn’t read my ESA50 and the DM just accepted the Atos nurse’s scores uncritically.

Should I now be asking specifically for an LT54 or an ESA114, or generally asking for all documents used plus scoresheets? And the decision letter.

Thanks

Elaine



Elaine

Hi E,

There will definitely be at least one LT54.

As stated on my other post, as we cannot be sure which ESA documents may be available, requesting "All" of them covers every base.

You can also pose the particular questions regarding the prognosis and which ESA Descriptors have been applied.

bro58
Last edit: 10 years 9 months ago by .

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10 years 9 months ago #105084 by Gordon
Replied by Gordon on topic A victory of sorts - WRAG to SG appeal

elaine wrote: Thank you for this.

I did a SAR on the original decision so I have the ESA85 including something entitled Decision Maker’s scoresheet with three columns, headed claimant/Atos HCP/Decision Maker but only the HCP column is filled in – I interpreted this to mean they didn’t read my ESA50 and the DM just accepted the Atos nurse’s scores uncritically.

Should I now be asking specifically for an LT54 or an ESA114, or generally asking for all documents used plus scoresheets? And the decision letter.

Thanks

Elaine


I would cover both bases and ask for specific documents such as the LT54 and ESAA113 and any and all documents used in this new Decision.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: elaine pyrke

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10 years 9 months ago - 10 years 9 months ago #106018 by elaine pyrke
Replied by elaine pyrke on topic A victory of sorts - WRAG to SG appeal
I have now received my decision letter – and an apology for not having sent it out last October!

They have also sent the background paperwork – including the LT54 for the original decision (WRAG), and another for the new decision (SG). They do not seem to have accepted any of the points I made about the inaccurate medical report, so have used exactly the same evidence and come to a different decision.

The new LT54 states that by reason of my physical and mental condition “at least one of the descriptors set out in Schedule 3 of the ESA Regulations does apply” to me.

So am I right in thinking this means I have met one of the SG criteria – rather than the exceptional circumstances? (Sorry if I am being a bit thick about this – I have tried searching the site but can't find anything on Schedule 3.)

Many thanks

Elaine
Last edit: 10 years 9 months ago by slugsta.

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