esa support group appeal

Jan57 wrote:

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

Hi J57,

The extracts from the medical report that you have quoted seem to be pretty standard, and many members have reported the same.

A 1. It seems that once they come to the opinion that you have scored at least 15 points cumulatively giving you WRAG status (Limited Capability for Work, (LCW) )that they simply state "has scored at least 15 points" or something similar, this "Vagueness" obviously makes an appeal more difficult.

Again this is common.

You can view the WRAG (LCW)(Schedule 2) descriptors, here :

www.legislation.gov.uk/uksi/2011/228/schedule/1/made?view=plain

A 2. Your G.P. will not have any input into the ESA85 or ESA85A, this is compiled by the ATOS HCP only, sometimes an ESA113 questionnaire will be sent to your G.P. to fill in, see ESA113 listed here :

ESA Forms

See an ESA113 here, with Guidance notes to the G.P. :

www.dwp.gov.uk/docs/esa113-interactive.pdf

&

www.dwp.gov.uk/docs/esa113-interactive-notes.pdf

A 3. No it is not too late.

A 4. You could show the ESA85A to your G.P., maybe if he finds it innacurate, it will spur him on in providing support for you.

This quote : "none of the descriptors set out in schedule 3 to the ESA regs apply"

means that you have not qualified for support group entry under The SG (LCWRA) descriptors, (Schedule 3) as seen here :

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

Remember, you only need to fulfill at least one of The SG descriptors above to be awarded ESA in The SG.

See also :

Qualifying for the Support Group

If you are to appeal you should take a look at the ESA Appeals Guide on this page :

ESA Guides

ESA FAQ’s

&

Appeals FAQ’s

Hope this helps


bro58

Hi Re transfer from IB placed into WRAG, awaiting appeal,
bundle of papers arrived, meantime Jobcentre interview recently arranged by phone. (very understanding and patient).
I received copy of the Action Plan by post, worried about the
last comment 'participate in WFI as notified' (nothing said on
phone, except I prob wont have to attend anything whilst in
appeal process)? This is now causing me stress, have read guidance, can I please ask Q) is this mandatory? as in, do I have to go to the Jobcentre at some point? I don't feel anyone qualifed there to understand physical or mental health problems as I suffer from anxiety, panic attacks, depression and PTSD, (despite the arthritis here and there, sciatica etc) done the counselling, done the voluntary work and I don't feel up to anymore, I can't face it, I'm not sleeping. Any further guidance, sorry to trouble you again this evening, I do appreciate and value your understanding. Much respect Jan

Hi Bro58
Thanks! that was quick, and helpful, yes have got the form 113, will do and take chat with GP - thank you for giving me the confidence, I can do my best, it's the schedule 2 and 3 numbers confusing me now (tired) just trying to see where I could of gone wrong, if I don't qualify thats fair enough, but I feel maybe I've not given a proper account of something somewhere, or let myself down not explaining properly, struggling where to look, but thank you kindly for very quick response, Your a Gem, tks Jan, ps sorry I posted another about participating in WFI (aaaggh)

Jan57 wrote:

Hi Re transfer from IB placed into WRAG, awaiting appeal,
bundle of papers arrived, meantime Jobcentre interview recently arranged by phone. (very understanding and patient).
I received copy of the Action Plan by post, worried about the
last comment 'participate in WFI as notified' (nothing said on
phone, except I prob wont have to attend anything whilst in
appeal process)? This is now causing me stress, have read guidance, can I please ask Q) is this mandatory? as in, do I have to go to the Jobcentre at some point? I don't feel anyone qualifed there to understand physical or mental health problems as I suffer from anxiety, panic attacks, depression and PTSD, (despite the arthritis here and there, sciatica etc) done the counselling, done the voluntary work and I don't feel up to anymore, I can't face it, I'm not sleeping. Any further guidance, sorry to trouble you again this evening, I do appreciate and value your understanding. Much respect Jan

Hi J57,

It may help if you review :

Do I have to attend WFIs while I appeal?

Some JCP advisers do not require claimants to attend WFI's whilst appealing to gain entry to the SG, however there is no legislation to enforce this, and it is purely discretionary.

WFI's can be deferred, carried out over the phone, or even in the claimant's home, however, again these options are at the discretion of the JCP adviser, see :

Work Focussed Interviews

Work Programme


If you have concerns that you may be compelled to attend WFI's you can enlist the support of your G.P. or other treating HCP.

bro58