High DLA but ESA Zero Points?

Hi Mrs Hurtyback,

How can I tell if that's what they have done?

Solstice

solstice wrote: Hi Mrs Hurtyback,

How can I tell if that's what they have done?

Solstice

Hi s,

As it appears that you were placed into The WRAG without having a face to face assessment, and on paper scrutiny alone, there should be an ESA85A Medical Report within your evidence pack/appeal bundle.

This would have been filled in by The ATOS HCP who assessed you on paper evidence alone and recommended that you should be found as having Limited Capability for Work, and should therefore be placed into The WRAG.

Within The ESA85A, it should draw reference to one or more of The WRAG (LCW) Descriptors that you obtained the minimum 15 points under.

WRAG (LCW) Descriptors

If you did not score the minimum 15 points required here, you may have been deemed as LCW under The Exceptional Circumstances rules, ESA Reg 29 :

ESA Reg 29 for entry to The WRAG (LCW)

There should also be an LT54 Form generated by The ESA DM, this may also provide information as to how and why you were placed into The WRAG.

bro58

Hi S,

It can be confusing working out how and why one has been placed into The WRAG, they tend to just mention The WRAG Descriptor Activities, rather than the points allocated.

As can be seen in this previous topic :

www.benefitsandwork.co.uk/forum?view=top...d=10&id=97456#101394

bro58

Hi Bro58,

Thanks for all your help, sorry I didn't get back to you last night, I am a bit dopey at night and I was getting into a muddle with it.

I'v had a look through my papers today and here's what they say.

The first ESA85A gives the reason at the top of PTSD & recurrent depression & remains in specialist care.
After that it runs through all the areas a claimant can get points for and states I don't qualify for any.

The LT54 states none of the descriptors apply, but I will be placed in Wrag & no reason is given.(6th Nov)

The score sheet part A states it's a drop down window, however my score sheet boxes are all blank. That is customer, Healthcare professional & DM.

Next LT54 (reconsideration) Refused as no extra evidence given and not enough reason by customer. Decision left at WRAG. (7/1/13)

Next LT54 (Appeal) Looked at it again & find no reason to change the decision given. Customer not provided additional evidence to enable me to change the decision, I can find no error in law in the original decision given.
.............


This is wrong. I provided 12 pages of medical reports & letters mainly regarding my physical conditions. A covering letter and a full break down on each condition with my G24 which was given to me by the job centre.

They already had letters from my psychiatrist supporting my PTSD & Bipolar disorder so I provided evidence from my spinal surgeon, physiotherapists etc..

Should the score sheet have "zero" in the blank boxes?

And should there also be score sheets from the reconsideration/appeal?

Tbh, I didn't put much effort into the reconsideration because I was too ill between October & January. I only had a few hours sleep each night , I couldn't lie down because of pain and my mood had dropped so much I was kind giving up on myself.

Many thanks for your help

Solstice

solstice wrote: Hi Bro58,

Thanks for all your help, sorry I didn't get back to you last night, I am a bit dopey at night and I was getting into a muddle with it.

I'v had a look through my papers today and here's what they say.

The first ESA85A gives the reason at the top of PTSD & recurrent depression & remains in specialist care.
After that it runs through all the areas a claimant can get points for and states I don't qualify for any.

The LT54 states none of the descriptors apply, but I will be placed in Wrag & no reason is given.(6th Nov)

The score sheet part A states it's a drop down window, however my score sheet boxes are all blank. That is customer, Healthcare professional & DM.

Next LT54 (reconsideration) Refused as no extra evidence given and not enough reason by customer. Decision left at WRAG. (7/1/13)

Next LT54 (Appeal) Looked at it again & find no reason to change the decision given. Customer not provided additional evidence to enable me to change the decision, I can find no error in law in the original decision given.
.............


This is wrong. I provided 12 pages of medical reports & letters mainly regarding my physical conditions. A covering letter and a full break down on each condition with my G24 which was given to me by the job centre.

They already had letters from my psychiatrist supporting my PTSD & Bipolar disorder so I provided evidence from my spinal surgeon, physiotherapists etc..

Should the score sheet have "zero" in the blank boxes?

And should there also be score sheets from the reconsideration/appeal?

Tbh, I didn't put much effort into the reconsideration because I was too ill between October & January. I only had a few hours sleep each night , I couldn't lie down because of pain and my mood had dropped so much I was kind giving up on myself.

Many thanks for your help

Solstice

Hi s,

Does it state non of the "Schedule 3 Descriptors apply" as Schedule 3 is The SG LCWRA Descriptors ?

SG (LCWRA) Descriptors

If it is saying that none of the "Schedule 2" (LCW) Descriptors apply, but the DM has then placed you into The WRAG, as having LCW, this would imply that you have been placed into The WRAG on ESA Reg 29, if this is the case, it should say so.

You may wish to contact The Tribunal Service, if you are still not sure how and why you were placed into The WRAG, informing them that you need clarification on this matter.

bro58

Hi, yes