Support Group

Nati wrote: Thank you Gordon for your reply.

So, if I will send to the DWP letter informing them about the fact that I want to ask for a mandatory reconsideration, but before that I am asking to send me copy of the assessment report, will they extend the time for appeal?

Hi N,

You have one month from the date of the ESA Decision Notice letter to make your written request for an MR of the decision.

You should request the ESA85 Medical Report if a face to face medical took place or an ESA85A if no face to face took place as a separate issue, by ringing ESA. (see ESA medical – what forms to ask for? ) :


THE ESA PHONE NUMBER DWP : 0345 608 8545 Press Option 3 for ESA. (Open 8AM-6PM. Mon-Fri.)

If you have any problems obtaining the above with a verbal request, you can make a written request. (SAR)

You can do this using a SAR Form :

SAR Form Download

From this page :

DWP Data Protection Policy

Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.

Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your ESA.

Write DPA 1998 SAR in front, top, left corner of envelope.

Sending Documents to the DWP.

There should also be an LT54 Form, which may contain useful information.

A description of an LT54 can be found at the bottom of this list :

ESA Forms

There may be an ESA113 questionnaire, if one was sent to her G.P.

The only problem is that once received, the DWP have 40 calendar days to comply with a SAR.

DWP are "supposed" to allow more time for an MR request if you have requested ESA documentation,.

However, I would not rely on this, and I would ensure that your MR request is posted in good time, even if the requested ESA documentation has not arrived.

This being the case, you could include a comment with the MR that you have requested the ESA documentation, and have not yet received it but will forward any further appropriate evidence once you receive the documentation.

bro58

Hello,
I just received a letter saing, that my wife will not get a support group.
I need to appeal now. I need your help please.
What came in response to the Mandatory Reconsideration letter is unfortunately untrue, it contains information that are not true. I regret that this was not recorded in the medical exam, because unfortunately I can not prove it.
There's too much to write in my post, is it possible to send this information to your mail please?

Nati wrote: Hello,
I just received a letter saing, that my wife will not get a support group.
I need to appeal now. I need your help please.
What came in response to the Mandatory Reconsideration letter is unfortunately untrue, it contains information that are not true. I regret that this was not recorded in the medical exam, because unfortunately I can not prove it.
There's too much to write in my post, is it possible to send this information to your mail please?

Hi N,

I am sorry to hear that your wife's MR to be placed into The SG was unsuccessful !

I think that you may be misunderstanding what facilities B&W offers.

We cannot offer personal one to one advice, and we do not provide the facility to e-mail Moderators.

We will try to help as much as possible in pointing you in the right direction, but I'm afraid that unless you can obtain profession advice :

{ Where to get advice

Turn2Us Free Advice Finder.

Or, you could try putting Welfare Rights/Advice into Google for your town/postcode. }

You will need to instigate and go through The Appeals Process yourself !!

Now that you have The MR Decision Notice letter, you have one month from the date of the MR notice to make your appeal directly to The Tribunal Service. (TS)

This process is covered from Page 12 of our "Employment and Support Allowance mandatory reconsiderations and appeals" guidance on : This Page

As you will see, to appeal to The TS directly, you need to use : The SSCS 1 Form (Download Link) and copy of The MR Notice letter.

You will see further help within the Guide and help with writing ESA Appeal Submissions on the same page.

Although it may help to highlight any discrepancies within The ESA Medical Report, the only way that you will win your wife's appeal to be placed into The SG is to show that the limitations that she suffers as a result of her medical conditions mean that she fulfils at least one of : The Functional SG (LCWRA) Schedule 3 Descriptors

Or if not under one of those, via : ESA Reg 35 for entry to The SG (LCWRA)

All this is covered in our : ESA Claims Guides 2nd & 3rd links down, which you might want to review.

See also : Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

&

MOJ Video of “mock” ESA Appeals Process and Tribunal

bro58

Thank you for your reply. I appreciate your help.
Could you advise me where I did a mistake? I tried to write everything according to your guidelines. How am I supposed to write correctly?
This is one of the example related to reaching:
I can’t reach even empty objects, because I have a lack of feelings in my hands, my arms are without any strength. It is hard to pick up any items because I immediately drop it from lack of sensation. The lack of sensation in the arms and hands is the worst feeling I’ve experienced.
When I was working a few years ago, I had to carrying heavy objects. I was repeatedly experiencing serious pain of the spine, which did not allow me to do my job, which is why I had to give it up.
The effects of hard work, unfortunately, have caused some of the later issues of my arms and build up on them calcification which cause my problems.
and the answer was:
To meet the SG criteria for this avcivity, it must be shown that you cannot raise either arm as if to put something it the top pocket of coat. You said in you ESA questionare that reaching is a big challenge for you especially lifting them above waist height. You said in your MR that you had big difficulty lifting arms more than waist height and you have lack of feeling in your fongers. The Health Proffesional at the assesment reported that you stated when shopping with your husband you are able to pick light items off the shelf and load to the trolley.You can unpack items of shopping but are inable to put them away in high cupboards. You can use a mobile phone. Your husband helps you wash your hair as you can't lift either arm above your head. The Health Care Professional observed all upper limbs movements appeared fluid and pain free but you had restriction in movement of your upper limbs, but power was normal, reflexes were present and light touch sensation was normal.
Having considered all available evidence I place greater weight on the evidence of the assesment and the observations and findings of the Healthcare Professionals. This indicated that you do not satisfy SG criteria in this activity.

These arguments are not true. 5 years ago, my wife was on a medical exam when she applied for ESA. She had a problem with her left arm and then she told of going to do some shopping with me. Now my wife does not go out of the house. They took into account the old information to be able to have an excuse. On the medical exam my wife couldn't say a word, she showed the health professional her cold hands explaining what problems she has, what HP confirmed and then noted that everything was ok! How can we defend when they lie and invent such arguments wanting to humiliate a human. In such a way can not be won any appeal. In the majority of answers to the MR were taken into account that my wife comes twice a week for shopping and school events, using a mobile phone and reading books, which is not true, because I am helping her to hold a mobile phone and because she can't concentrate she can't read any books and use the computer, what she also said. In what way now to fend off these lies? I regret that it was not recorded.
My wife honestly told him about the problems and they turn it to their own side.

Unfortunately my wife has only the information from the hospital about arm surgery and from the surgeon about her spine problems, but the doctor reported only about recommended physiotherapy and did not added anything about the operation of which he spoke with my wife, so it is not to prove. Unfortunately, the GP did not want to give her a referral to a neurologist and a gastroenterologist for which my wife still asks and gives her standard medicines and tells her that's enough. What to do when the doctor examines on the phone without seeing the patient and later say she does not have documentation? I am sorry for a long story, but I really don't know what to do and how to solve it.

Hi

It is often the case that truthful claimants will find their answers twisted and used against them.
This is how the system works.
You need to put down the additional information in your appeal, noting the assessor twisted the words and use the reliability test.
This test is detailed in the guide. It means you must be able to carry out an activity repeatedly, safelt and without suffering discomfort or significant pain. It may be the case that your wofe could reach for something but suffer significant pain, be unable to do it again until she recovers or drop, spill or break it if she tried again without a break.
We know the system is complicated. It is deliberately set up this way to cheat claimants of their benefits by the government.. You will need to work through the report item by item, challenging what has been written by the assessor, noting whether it is lies, saying things your wife didn't say or twisting what she did say. Do not get into a confrontation though, stick to the facts and the evidence. If you need more evidence go to your GP or anyone connected with treating or caring for your wife. Keep a diary of day to day struggles.
Finally, be prepared for the MR to just rubberstamp the decision. This happens a lot. You will need to appeal to the next level which is an independent panel before you get a fair hearing.
Read the posts on here. Lots of people end up getting their awards overturned and their proper entitlement but they have to fight for it. Its not right but its what the government have left us with!!

Hi N,

As advised by foss above, for your wife to be classed as being able to carry out any of The SG Activities/Descriptors, she must be able to do so Repeatedly, Reliably and Safely for the Majority of the Time (greater than 50% of the time), without suffering pain, fatigue, discomfort or breathlessness.

If she can't then she should not be classed as being able to carry them out at all !

Further, with respect to The SG Activities, not only must she be able to carry them out for the Majority of the Time as above, she must be able to carry them out on the majority of occasions that she attempts them, which is somewhat different :

ESA Reg 34. (2) Applicable to Support Group :

“A descriptor applies to a claimant if that descriptor applies to the claimant for the majority of the time or, as the case may be, on the majority of occasions on which the claimant undertakes or attempts to undertake the activity described by that descriptor”

www.legislation.gov.uk/uksi/2008/794/regulation/34/made

bro58