List of evidence request under sar
I have also recieved an Atos ESA85A completed by a registered nurse and a sheet stapled to the back which i assume to be the decision makers input but nothing else that i have asked for, i asked for everything to do with the descision, should i asked for something else, score sheet etc???
The Atos prognosis is that a return to work for at least two years is unlikely and that the ESA50,Med 3, previous report and medical evidence indicates a return to work in the longer term unlikely. The decision maker goes on to say that i am treated as having limited capability for work but by reason of my physical condition none of the desriptors in schedule 3(what is this) apply therefor i do not have limited capability for work related activity so have been placed in the WRAG???
After attending my WFI recently i was informed that future interviews would likely be conducted over the phone due to my condition and the advisor informed me they would not be bothering me any time soon, my doctor has told me he will help me if he can but i need advice in simple terms how best to proceed????
Sorry if it's longwinded but my head is now shot
Please Log in or Create an account to join the conversation.
Well it would appear that after my phone call someone is actually listening. I have today recieved written acknowledgement of my wish to appeal, it states that they note from my letter i would wish to forward further supporting evidence once i have recieved the relevent reports and that once this supporting evidence is recieved by them my appeal can proceed, does this mean they may consider this before forwarding to appeal as i'm unsure i will mentally capable of going through with this???
I have also recieved an Atos ESA85A completed by a registered nurse and a sheet stapled to the back which i assume to be the decision makers input but nothing else that i have asked for, i asked for everything to do with the descision, should i asked for something else, score sheet etc???
The Atos prognosis is that a return to work for at least two years is unlikely and that the ESA50,Med 3, previous report and medical evidence indicates a return to work in the longer term unlikely. The decision maker goes on to say that i am treated as having limited capability for work but by reason of my physical condition none of the desriptors in schedule 3(what is this) apply therefor i do not have limited capability for work related activity so have been placed in the WRAG???
After attending my WFI recently i was informed that future interviews would likely be conducted over the phone due to my condition and the advisor informed me they would not be bothering me any time soon, my doctor has told me he will help me if he can but i need advice in simple terms how best to proceed????
Sorry if it's longwinded but my head is now shot
HI OAD,
Please do not repost duplicate posts.
There will always be a delay between members posting, and their posts appearing, as all post wait in an approvals area for Mods to check.
Therefore, it will depend on how many Mods are online, and how busy the forum is.
When an appeal is submitted, an automatic reconsideration/review takes place by a different DM.
A claimant generally has around a 4 week window of opportunity here to have the decision changed at this stage.
If the decision is not changed here, the appeal is sent forward to the Tribunals Service.
An appeal can be withdrawn at any stage by the claimant.
As you did not have a face to face, you have received a "Restricted Medical" under "Paper Scrutiny", all the evidence that is mentioned has been used by the ATOS HCP, to make recommendations to the DWP DM. (A MED3 is simply a sick note/fit note)
The DWP DM,has then made a decision of ESA Award on these recommendations.
The Schedule 3 referred to lists the ESA Support Group descriptors as to the ESA Regs, see here :
www.legislation.gov.uk/uksi/2011/228/schedule/2/made?view=plain
Therfeore they are saying that you did not fulfill any of the SG Descriptors, which would give you entry to the SG.
May I suggest that you read the ESA & Appeals section of our : FAQ’s
You can access our ESA Appeals Guide Jan 2012, here : ESA Guides
bro58
bro58
Please Log in or Create an account to join the conversation.