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ESA...can a decision be made without a medical?

  • shaun
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11 years 3 months ago - 11 years 3 months ago #98602 by shaun
:( Hi, I have received a decision about my claim to ESA, I have not been asked to attend a medical but have been placed in the Work Related Activity Group - (I used the guides and spent weeks filling in the form). I will be appealing but just wondered if they can made a decision based purely on the information on my ESA50? does anyone know? Thanks..Shaun
Last edit: 11 years 3 months ago by Gordon.

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11 years 3 months ago - 11 years 3 months ago #98608 by Gordon

shaun wrote: :( Hi, I have received a decision about my claim to ESA, I have not been asked to attend a medical but have been placed in the Work Related Activity Group - (I used the guides and spent weeks filling in the form). I will be appealing but just wondered if they can made a decision based purely on the information on my ESA50? does anyone know? Thanks..Shaun


Yes, it is possible for a Decision on your claim to be made without a face to face assessment.

When your ESA50 is returned ATOS will carry out what is called a pre-board check, they will look at your ESA50, any evidence that is attached, and any existing information that they have on you and if they can make a recommendation on an award, they will return your file directly to the DWP for Decision Maker to make a Decision.

This seems to be happening a lot for claimants being tranferred from another benefit, such as IB, to ESA, whilst some are being placed in the Support Group, there does appear to be a large percentage who are being placed in the WRAG and are then appealing for the SG.

With regard any appeal, please review the following.

Is there any risk to challenging a decision?

How long do I have to appeal?

How to submit an appeal

Qualifying for the Support Group

Disability Rights UK Factsheet - Appeals and reconsiderations

12 Month Limit for ESA(CB)

Do I have to attend WFIs while I appeal?

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 3 months ago by Gordon.
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