esa support group appeal

Gordon wrote:

dragon1 wrote:

I would just like to mention to the moderator that the link: "How to submit an Appeal" has an out-of-date leaflet "If you think our decision is wrong". Although, I have only recently submitted my ESA50 form to ATOS I am panic stricken by time limits and try to prepare in advance, if possible. This is the reason, in my pessimism, I downloaded the leaflet GL24, 30 minutes ago from the DirectGov website and note it is dated February 2012.

Thanks for letting us know, I have updated the link.

Gordon

Phew that was quick G !!!!

bro58

Hi bro58
Ive heard about the ficticious wheelchair,how can this be legal it beggars belief.

Anyway, he cant use wheelchair cos of both shoulders restricted movent, and arm and hand numbness poor grip, (that is in her report)

Some things she totally disregarded, such as pain, mobility, but others she has noted in her report.

Should we just say why we think he should be in support group, or also write disagreeing with some of what she has written, we have report from yrs ago, but it is a long time ago, but his condition will not have got better by itself, so throws her so called observations out the window.

It will not be enough to simply refute the ATOS report, you must also clearly show how the Support Group criteria are met and provide as much evidence of this as possible.

lild wrote:

Hi bro58
Ive heard about the ficticious wheelchair,how can this be legal it beggars belief.

Anyway, he cant use wheelchair cos of both shoulders restricted movent, and arm and hand numbness poor grip, (that is in her report)

Some things she totally disregarded, such as pain, mobility, but others she has noted in her report.

Should we just say why we think he should be in support group, or also write disagreeing with some of what she has written, we have report from yrs ago, but it is a long time ago, but his condition will not have got better by itself, so throws her so called observations out the window.

Hi l.

You could complain to ATOS as a seperate issue regarding the quality and accuracy of the medical report :



Complaining to ATOS. :

Atos Healthcare,
Customer Relations
Wing G,
Government Buildings,
Lawnswood,
Leeds
LS16 5PU

Or


This email address is being protected from spambots. You need JavaScript enabled to view it.

It can only help, if you can manage to discredit the ATOS medical report.

As MHB states though, it is important that you show that he fulfills the relevant Support Group descriptors, to the DWP DM who will carry out an automatic reconsideration when you appeal.

If you feel that you have already provided enough relevant information you could simply redraw the reviewing DWP DM's (Who will be a different one, to that that made the original decision) attention to these facts.

bro58

Hi to all, my first posting, hope this is the correct way to enquire for guidance, firstly thank you B&W and to the moderators for your assistance and support given. IB to ESA placed in WRAG without medical (used all your guidance thanks),
I provided and extended many pages in answering questions, my evidence maybe thin, as it was old, but relevant. I feel I should of been considered for the support group and followed the process of the appeal, with an explanation of why and the other letters requesting for info how points etc was made (as guidance given by B&W, thank you). My GP away during hol period plus a long Jury service delayed me advising him of an up date, my GP comment 2 weeks ago - he had not filled in any forms.
I had phoned a few times to the appeals office (to ask for advice/progress in GP's absence was a patient profile sufficient provided with the initial ESA50 copy of meds, but this was fruitless and no proper advice, only polite reflecting on the long process and wait time)
The bundle of papers have arrived, and I was disappointed very little paperwork , the bundle was mostly copies of what I'd sent. I am a little confused, my form GL24 and letter had grounds for an appeal? however, reading the paperwork; sorry lengthly my Q) A nurse had completed ESA85A - quote Prognosis advised return to work unlikely for at least 2 years, mention of multiple pathology, such that I would have limited capability for work, long term disability ESA 50 is consistent with the upper and lower limb pathology are like to meet threshold on a combination of descriptors under current rules, etc, ending in The ESQ 50 indicates that the client is unlikely to return to work in the longer term, the bits of sentences in between doesn't seem to reflect same, as the rest contradicates, as in .. the available evidence does not suggest this that and other. unquote and the other document by DM reads ... has scored at least 15 points from the appropriate descriptors, next sentence says none of the descriptors set out in schedule 3 to the ESA regs apply. Score sheet reads nil all through. I can't understand if/what points were given for physical or mental, not sure if this is a mistake, error, or the points are not available to me ?
Q) is this correct, I'm not allowed to know how points are given ?
Q) I presumed wrongly that I assumed my GP would of been request to provide the information on the ESQ85A
Q) Is it too late for me to request written evidence from my GP? (I followed your advice, reserved the right etc as my GP was away,)
Q) Is it worth taking (or copying) some of the info and give to my GP - I don't think the main body of the ESA85a the nurse compiled is a true reflection of the extended and clear problems I have in all the physical and mental activities combined. I found the form exhausting in combing the both. Sorry for lengthy details, but I would appreciate your guidance, you are all ever so kind, I do follow your comments and read as much as I can, and thank you for your time in reading, much appreciated Jan