help with wrag appeal

ladynono wrote: its been 2 weeks now that i got the ib to wrag decision with no medical,i imediately wrote to the dwp asking for the evidence they had used to come to their decision,and asked them to send me a copy of all the relevant information that i needed,as i was going to appeal,i sent this over a week ago and had nothing back from them(it was sent recorded)should i send of my appeal form straight away,i was hoping to have all the evidence they used eg any drs reports and decision makers reasons,as to why i had been placed in wrag group.i am intending to get a letter from my dr but he is off on holiday and wont be back for 2 weeks,will it be ok to submit this at the appeal itself,and any other information i might gather.thanks in advance
ladynono

With regard the missing reports, it would be worth you contacting the DWP to see what is happening with them.

We always recommend that the GL24 is submitted in time for it to be received by the DWP within the one month allowed, even if this means that you do not have the reports from the Decision, however, I would make this point on the GL24 and say that you will provide additional information.

Hopefully by the time you are able to speak to your GP, you will be in receipt of the reports you requested, and can make a submission to the DWP with any additional evidence, there really is no value in waiting to do this for the Appeal phase when you may be able to overturn the Decision during the Reconsideration.

Gordon

ladynono wrote: Today i received the,medical report form from dwp,(i had paper medical),it says in the form the evidence used was esa50 and med 3,where would this med 3 have come from,has i havent sent any medical forms in for years?would the dwp have wrote to my dr for this. when they were deliberating what to do with my claim?

my report form was done by a phyysiotherapist most of my problem is a mental illness,i know these people are employed by atos, but i cant understand how she can say that by me meeting the criteria for having limited capability to work wont put me at mental or physical risk when it clearly will, and at the end it says the available evidence suggests improvement is unlikely in the longer term.i have already put in my appeal,i did say that i was waiting for further evidence,that i would be submitting at a later date.can i now add to the reasons i have already given has to why i think the decision is wrong?or have i cooked my own goose too quickly as they say,can anyone advise what my next step should be,please.
thanks in advance
ladynono

The position taken by the DWP and ATOS is that all of the assessors are trained in Disability Assessment and that this should be sufficient for the purposes of the WCA, my view, is that whilst this may be adequate for the majority of conditions (50.1%), as many of the comments are based extrapolations of generalised scenarios, e.g. watching television, a lack of formal training in the areas of the claimants conditions undermines the validity of those conclusion especially, but not limited to, mental health issues. Unfortunately this is a discussion that can only be held at an appeal hearing.

With regard the Med-3, we believe that this statement is produced my the LiMa software, however, as the ESA85(A) is a legal document in connection with a claim for ESA, it should be accurate to the best of the assessors ability (no laughs please!), it is something to mention in your appeal, but will have little if any impact on the decision process.

As you have notified the DWP that you will be sending in further information, they should allow you a reasonable time to do this, but sooner is better than later! I would expect you have four weeks.

Gordon