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Wrag award after WCA - requested reconsideration.

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7 years 11 months ago #159168 by annieb
Asked to get letter from Doctor not fit for work. Saw G.P. who I had not met before and she gave me the letter but it's only for 6 months. Is this any good at all for my case for reconsideration? Or best to another letter from specialist? Previously ESA support group. Thank you for reading.

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7 years 11 months ago #159225 by Gordon

annieb wrote: Asked to get letter from Doctor not fit for work. Saw G.P. who I had not met before and she gave me the letter but it's only for 6 months. Is this any good at all for my case for reconsideration? Or best to another letter from specialist? Previously ESA support group. Thank you for reading.


Welcome to the forum.

Do you mean a Fit Note? If you do and you are in the WRAG then this is not relevant to your situation as you are still considered to be Unfit for Work.

If you were in the Support Group and have been moved to the WRAG and wish to challenge it then the first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/esa1

You should contact the DWP for a copy of the assessment report if you have not already done so, it will be an ESA85 if you had a face to face or an ESA85A if you did not, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gordon

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

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7 years 11 months ago #159309 by annieb
Thank you for your detailed reply Gordon, very much appreciated.

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7 years 11 months ago #159679 by annieb
Medical Report Form from ESA face to face WCA came in post today. Score from Physical Assessment was 24. Score from Mental, Cognitive and Intellectual Funtion Assessment: 0.

Prognosis. Expected Change.
Functional Problems: I advise that work is unlikely in the longer term.

Reason for the Opinion Given

The available evidence suggests improvement is unlikely in the longer term.
She has long term medication conditions that are unlikely to change in the longer term.

Wrote list of medical condition (omitted P.T.S.D on this list). I had previous to this WCA been in Support Group but was assessed as WRAG. I see Psychiatric Nurse , how much time about will I have to send in medical evidence and how much evidence ?(Health professional's letters). Thank you for reading.

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7 years 11 months ago #159682 by Gordon
annieb

Do you know why you were previously placed in the SG?

You mention that the PTSD was not listed as a condition, do you see this as the primary cause of any mental health issues that you have?

Did you expect to be placed in the SG due to a physical condition or a mental health one?

If the latter then you need to ask your Psychiatric Nurse what support they can provide in showing that you meet the criteria for these activities.

How much? It's difficult to answer this for some claims a single letter may be sufficient for others it could be 10s of pages, this is particularly the case for mental health issues which tend to be misunderstood as to their complexity and are often minimised as to their affect.

The question may be answered by the Nurse and what they are prepared to do in support.

Gordon

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

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7 years 11 months ago #159734 by annieb
Thank you very much for your reply Gordon. No, the last time went to a medical assessment (going back about 6 years ago I think) nothing changed with the benefit so it didn't occur to me to request a copy of reason for being placed in SG or the medical assessment score. Was moved from Incapacity Benefit to ESA. Would it be best to try to get this information?

I think it's difficult to be concise about P.T.S.D along with diagnosis Anxiety and depression. I'd grade them all as very difficult (go to therapist once a week).

I expect to be placed in Sg on mental health as it is very disabling in day to day life.

With best wishes and thanks for your kind advice

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