Terri64 wrote: Hello
It now transpires a Decision was made (we found out by phoning them), but have not received anything in writing yet.
My letter has gone off (requesting report to be amended because it missed out vital information that was given at the assessment). Also the letter advises on the recent hospital admissions.
Another letter is being sent today to request a Mandatory Reconsideration.
I will have a good read of the ESA MR and Appeal guide. Does the guide give information on the ESA descriptors? If not, where can I find this information?
Hi T64,
I am glad to hear that you seem to be making some headway with these issues.
You are entitled to receive a "Written Decision Notice" by law, although they may say that they have already sent the above.
The Decision Notice is important as it also includes your legal rights to an MR/Appeal of the decision, including deadlines.
A decision to award ESA in the WRAG (LCW) or ESA in the Support Group (LCWRA), or indeed a decision to find the claimant “fit for work” carries a right to (an MR) appeal under s12 of the SSA 1998, see :
www.hmrc.gov.uk/nicmanual/volume_1/ssa_1998.pdf
Decisions which carry a right to appeal under s12 shall be notified to the claimant in writing in accordance with Reg 28 of the Decisions and Appeals Regulations 1999. See :
www.legislation.gov.uk/uksi/1999/991/regulation/28/made
I would advise that you adhere to the guidelines below in all future correspondence with DWP/ATOS :
Sending Documents to the DWP or ATOS
Information on qualifying for The WRAG & SG of ESA can be found from the links below :
Qualifying for the WRAG
&
Qualifying for the Support Group
Here are the current "Functional" ESA descriptors :
WRAG (LCW)Schedule 2 Descriptors
&
SG (LCWRA)Schedule 3 Descriptors
If a claimant cannot qualify for The WRAG and/or SG under the "Functional" Descriptors, as above, it should then be considered whether or not they qualify under The Exceptional Circumstances Rules as at :
ESA Reg 29 for entry to The WRAG (LCW)
PLUS Post 28/01/13 Amendment of :
(3) Paragraph (2)(b) does not apply where the risk could be reduced by a significant amount by—
(a)reasonable adjustments being made in the claimant’s workplace;
or
(b)the claimant taking medication to manage the claimant’s condition where such medication has been prescribed for the claimant by a registered medical practitioner treating the claimant.”.
From : www.legislation.gov.uk/uksi/2012/3096/regulation/3/made
And/Or :
ESA Reg 35 for entry to The SG (LCWRA)
PLUS Post 28/01/13 Amendment of :
(3) In regulation 35(1) (certain claimants to be treated as having limited capability for work-related activity)(6), for sub-paragraph (b) substitute—
“(b)the claimant is-
(i)receiving treatment for cancer by way of chemotherapy or radiotherapy;
(ii)likely to receive such treatment within six months after the date of the determination of capability for work-related activity; or
(iii)recovering from such treatment,
and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work-related activity; or”.
From :
www.legislation.gov.uk/uksi/2012/3096/regulation/4/made
This is all covered in The ESA Claims Guide that I provide the links for in my other post to you :
Here "And our : "Employment and Support Allowance claims for Mental Health and Learning Difficulties: a guide to the limited capability for work assessment.
This is a fully comprehensive guide to the assessment procedure on mental health and learning difficulties grounds."
bro58