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ESA appeal WRAG to SG question
- Darthcranium
- Topic Author
I will make a cup of tea and read some more.... I wonder if it would be playing fair to print this thread and a copy of the SG eligibility criteria and send it to my OT and Psychologist?
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- slugsta
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Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gordon
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Tackling your questions out of orderThanks Gordon! That was fast
I have already collated my descriptors for the points I got and compared them to the descriptors I would need to get 15 points and found some things confusing.
I scored 6 points in the "getting about" section, but there seems to be no "getting about" section in the descriptors for getting max points and qualifying for the SG that way...
Some "interpretation" is needed when fitting symptoms into neat boxes for the descriptors..
For example section 13 Initiating and completing personal actions (which means planning, organisation, problem solving, prioritising or switching tasks).
I scored 9 points:
13(b) Cannot, due to impaired mental function, reliably initiate or complete at least 2 personal actions for the majority of the time.
and to score the maximum I would need to demonstrate
Cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions.
How much leeway is there for arguing a point? Does it just depend on what the examiner on the day thinks?
Would I need to prove that I fit into one of the "maximum score" boxes in order to qualify for the Support Group? Is there a way I could argue that scoring 9 9 9 6 6 makes me as eligible as scoring 15 0 0 0 0 ?

The only way to get into the SG is to meet one of the SG criteria, scoring 39 point or 139 points is irrelevant if you do not meet the one of the criteria.
So using the example of the Going Out descriptor that you mention, even if you scored 15 points for thie descriptor you would not be placed in the SG, becase there is no SG descriptor for Going Out.
With regard to the example of question 13, Initiating Actions, the difference between (b) and (a), is the difference between the majority of the time and always. If you believe you can show that you are always unable to complete two sequential personal actions, then you would meet the criteria.
There are examples of factors that can be used to argue that you cannot complete a task, for example; needing to be prompted, in the ESA Claim guide on Mental Health Grounds. See
www.benefitsandwork.co.uk/help-for-claimants/esa
Gordon
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- Darthcranium
- Topic Author
The only way to get into the SG is to meet one of the SG criteria, scoring 39 point or 139 points is irrelevant if you do not meet the one of the criteria.
Thank you, I think. I feared as much.
Gordon wrote:
There are examples of factors that can be used to argue that you cannot complete a task..
The ATOS examiner noted that I needed prompting at interview, had poor general memory and poor concentration. Would this count?
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- Gordon
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- Posts: 51284
Yes, these are factors that could be taken into account, but you still need to show that you are always effected.The ATOS examiner noted that I needed prompting at interview, had poor general memory and poor concentration. Would this count?
Gordon
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- Darthcranium
- Topic Author
"If I am unsuccessful at appeal is there a way of getting back onto the Support Group at a later date?"
As long as you are considered unfit for work by DWP, even if you are only getting NI contributions, you can access the Support Group if your conditions warrents it at a later stage. Expect to undergo periodic assessments with ESA50 with/without face-to-face assessment, although we are not yet sure exactly how this will work.
Sorry! Does this mean that after the 365 days, if I am deemed unfit but not unfit enough to get into the SG, then they will pay my NI, or if I get worse, then I might be able to get into the support group?
The catch 22 is that after 365 days I'll still be unfit for work so won't be able to claim JSA but if not in the support group will have my ESA cut off.
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