ESA Meets the Threshold

Hi, I am a new member and this has probably been discussed before but I have just been told I have been taken off of Incapacity Benefit and put in the work releated part of ESA instead of the support section. I have sent off an Appeal but don't know how they came to their decision in the first place. Its impossible to get them on the phone - any suggestions? Rip

radhika wrote:

Sorry i meant why you did not get into Support Group,
Nevertheless, Good Luck.

Radhika.

I was tempted to edit that.

Although the key issue for claimants appealing for the SG is why the DM decided that they didn't meet the SG descriptors, I still think it's important to know what WRAG descriptors were satisfied and why.

Atos HCPs ask a lot of irrelevant questions like 'how much TV do you watch?' and will use your answers to draw conclusions to assist the DM to make a decision on benefit entitlement. Surely a claimant is entitled to ask much more relevant questions concerning what descriptors were satisfied and why, with the potential for the DM to slip up!

I would imagine that the appeal bundle containing the DM's reasons for the decision would contain this information, but if it doesn't, it only shows that the DM himself doesn't have a clue why he made the decision!

rip wrote:

Hi, I am a new member and this has probably been discussed before but I have just been told I have been taken off of Incapacity Benefit and put in the work releated part of ESA instead of the support section. I have sent off an Appeal but don't know how they came to their decision in the first place. Its impossible to get them on the phone - any suggestions? Rip

Hi Rip, welcome to B&W

I've had the same problem myself this week trying to contact JCP - five minutes of irritating classical music followed by a voice saying that all their advisers are busy.

The only thing you can do is write a letter. In fact we generally advise not to discuss decisions and appeals over the phone.

If you sent your GL24 notice of appeal you should receive written conformation that it has been received within about a week. Whether you can get through on the phone or have to write, the most important document to ask for is your ESA85 medical report (ESA85A if you didn't have a face-to-face assessment). This will at least tell you what advice the decision maker was given before placing you in the work-related activity group. It's preferable to ask for all the documents relating to the decision.

Please read the appeal guide in the MEMBERS ONLY part of the site and good luck with your appeal.

Derek

i have spent the last 4 hours esculating my complaint to DWP District manager as per instructed if i was not happy at the explination origionally sent that did not explain what this "meets the threshold" means & why i was not point scored.

im knackered now, i'll write to my mp tomorrow & keep you all updated on what happens next.

martin

OMG im shocked!
just been to see my psychiatrist to ask if he will support me in my appeal & do me a letter.
not only did he agree but he drafted it in front of me so there were no mistakes & did not charge me.
i cant believe it cause he has been wanting me to go back to work for a while now.
the only thing he wouldnt put was that in his opinion i shouldnt go back to work & be in the support group, but he did name at least 5 of the support group mental health descriptors & also said my medication could affect day to day living.
im so happy, i just hope the tribunal accept his letter.

i have a telephone appointment with my gp later to ask if he will also do me a letter as he didnt detail very well on the ESA113 & missed a lot out.
im not holding my breath he will though.

martin

hi
just had the telephone appointment from my gp.
yes he is willing to do me a letter, for which there will be a charge.
cant help thinking that if he had filled out the ESA113 form properly in the first place there would have been no need for me to pay for a letter.
never the less at least he said yes, heres hoping hes more detailed than before & im paying for a detailed report.
iv read that supporting letters from doctors/psychiatrists are often disregarded by the tribunal so this all may be in vain anyway

martin