ESA 85a recieved

Sorry if this got posted twice as broadband failed as I posted it intitially.
Recieved a prompt ESA 85a this morning confirming I have gone from IB to WRAG ( no medical) Looks ok in general and says " claimed level of disability is consistent with evidence before author of report".
Goes on to say evidence suggests significant level of disability ( upper and lower limb muscoskeletal probs) such that they would have a limited capability for work .
It advises at outset that return to work unlikely for at least 2 years and ends by saying unlikely to return to work in longer term.
Nothing contentious there.
however, what seems a standard passage ruling me out of support group uses phrases I think could perhaps compromise my upcoming DLA review.
I get HRM and MRC

ESA 85a suggests I do not have severely restricted musculo- skeletal or cardo respiratory function, such that they would be unable to mobilise more than 50 metres, or transfer between seats without assistance from another person.
Ok mobilising means theyre taking account of a wheelchair whereas DLA doesnt so no problems there from what i can see.
However, would the statement quoted above pose me problems for MRC at my review as I get MRC partly for being unable to get in and out of a chair without assistance.
What concerns me is that my GP gave me a supporting letetr for the DLA review which I included for the ESA as I thought it relevant.
It states I have very poor mobility restricted to less than 50 yards , walks with a aid etc and has difficulty getting in and out of/transferring from a chair.
It seems they are unconvinced as to that suporting letter, or at least the second part relating to transferring so what I am asking is could that affect things or is the DLA going to look solely on getting in and out of a chair unaided rather than transferring.

Also does phrase that I have significant level of disability as opposed to sever disability which resulted in my MRC award ) pose any ramifications for my DLA review? i assume using the term disability in ESA report referes to ESA and not my DLA entitlement

Hi MV,

It's hard to say, it seems once they see that a claimant fulfills LCW, WRAG Group entry, but in their opinon the claimant doesn't fulfill LCWRA, SG entry, they don't really go into much more detail.

It is only classed as a "Restricted Medical" don't forget, as you should see on the form itself.

Similarly, we have had members who have appealed WRAG, and gained SG entry at review stage, and the DM has simply put on the LT54, fulfills at least one of the LCWRA Descriptors in Schedule 3 of The ESA Regulations 2011. As laid out here.

www.legislation.gov.uk/uksi/2011/228/schedule/2/made?view=plain

It seems that they do seem to like "being vague".

The migration process is obviously being carried out on a "Production Line" scale and basis at the moment.

bro58

Thanks Bro Im actaully reasonably content with the outcome just concerened at how it may affect DLA thats all. The report is indeed restricted and I await the points scored and other info I have requested.
I think they may have been a little cute in assessing some of the evidence though.
My GP did give a brief letter for DLA review as I stated, there was an overlap but I included it anyway for ESA transfer.
Rather than state clearly that I need help from another person re: transferring/getting in and out of a chair he simply says I have difficulty with this.Perhaps that was vague enough for the author of the medical report to sieze on it.
Now at last supersession for DLA care the term "has difficulty with" ( geting in and out of a chair ) was deemed anough by the DM.
Different ( harsher) benefit and different assessor here maybe. Just goes to show the value of clear, concise terminology. I'll make sure the letter is updated for my review of DLA now as it was due this month when I originally asked for supporting evidence but is now not due till later in spring as theyve changed from 6 months to 4 months prior to an award ending.

micksville wrote:

Thanks Bro Im actaully reasonably content with the outcome just concerened at how it may affect DLA thats all. The report is indeed restricted and I await the points scored and other info I have requested.
I think they may have been a little cute in assessing some of the evidence though.
My GP did give a brief letter for DLA review as I stated, there was an overlap but I included it anyway for ESA transfer.
Rather than state clearly that I need help from another person re: transferring/getting in and out of a chair he simply says I have difficulty with this.Perhaps that was vague enough for the author of the medical report to sieze on it.
Now at last supersession for DLA care the term "has difficulty with" ( geting in and out of a chair ) was deemed anough by the DM.
Different ( harsher) benefit and different assessor here maybe. Just goes to show the value of clear, concise terminology. I'll make sure the letter is updated for my review of DLA now as it was due this month when I originally asked for supporting evidence but is now not due till later in spring as theyve changed from 6 months to 4 months prior to an award ending.

Hi MV,

I doubt very much from feedback gained from members in a similar scenario, that you will receive an ESA Form with points scored on relevant descriptors. (Scoresheet)

Let us know if you do.

bro58

well i have a friend Bro who was actually told at her WFI what her points were and where they were scored. She was told that when she went for a WFI from an old claim and was told first by the person conducting the interview that she had passed her most recent assesment and scored points for x. y and z.