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Esa Confused

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9 years 11 months ago - 9 years 11 months ago #121707 by ukseanuk
Esa Confused was created by ukseanuk
Received letter on 13th May stating we will pay esa from 29th May which will replace my IB and
placed in wag.
This morning received my esa85a

Advice

I advise the the person meets the criteria for having limited capability for work

prognosis

I advise that work is unlikely in the longer term.


On the last page its saying :

Conversion decision lcw and lcwra (placed in the SG)

so confusing.....
Last edit: 9 years 11 months ago by Gordon.

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9 years 11 months ago #121708 by Gordon
Replied by Gordon on topic Esa Confused
ukseanuk

Forgive me but I am not entirely sure what your question is? :)

The ESA85A is produced when the assessment is made under what is called scrutiny, in other words you were not required to have a face to face as the ATOS assessor believed they had sufficient information to make a recommendation.

The DWP Decision uses the ESA85A and the claimants ESA50 and evidence to make a Decision on their claim.

Limited Capability for Work is the term used in regard to the WRAG.

A prognosis of "unlikely in the longer term" usually results in a re-assessment date of two years for the WRAG.

I'm afraid I cannot comment on the last phrase without more context.

If you are unhappy with the WRAG Decision then you can make an appeal to be placed in the SG, the first stage to this is for you to request a Mandatory Reconsideration. Have a look at our ESA MR and Appeal guide for more details.

www.benefitsandwork.co.uk/help-for-claimants/esa

If we can help you more, please reply to this post.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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9 years 11 months ago #121710 by slugsta
Replied by slugsta on topic Esa Confused
I think the OP is confused because the decision letter said WRAG but the final phrase of the ESA85a says Support Group.

It seems that the Decision Maker has decided to award WRAG against the advice of the Healthcare Professional who produced the ESA85a. This is, of course, prefectly permissible - although very disappointing for the claimant.

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

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9 years 11 months ago - 9 years 11 months ago #121711 by ukseanuk
Replied by ukseanuk on topic Esa Confused
So basically atos made recommendation for support group and dwp place me in wag
Last edit: 9 years 11 months ago by Gordon.

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9 years 11 months ago #121712 by Gordon
Replied by Gordon on topic Esa Confused

ukseanuk wrote: So basically atos made recommendation for support group and dwp place me in wag


Based on what you have posted, I do not think we can state that with certainty.

If ATOS have made an SG recommendation then the ESA85A should also contain, at the very least, details of the SG Descriptors that they believe that you met and a specific statement that you have Limited Capability for Work Related Activity.

Gordon

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9 years 11 months ago #121713 by ukseanuk
Replied by ukseanuk on topic Esa Confused
Thanks Looks That way... O Well pen to paper time.

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