Well the results arrived

Fawlty wrote: I am leaning towards an appeal now I have had time to think as I believe I should be in the support group. Spoken to my doctor and he is going to do another letter making more of a reference to conditions which affect my mobility as it applies to one of the descriptors and he seemed aware of Lima.

I know Gordon said it won't make much different submitting it with the GL24 but least it will give the DM something extra to read and I will just add that I will submit further evidence if and when it becomes available.

Being a pain but do I phone the DWP and ask for the ESA85 now, presume that is what the computer spits out at the end. Seen it on the site as ESA85/85A but not sure if one is CB and the other is IR as I am in the IR ESA.

Hi Basil,

It would be an ESA85A Medical Report, as you had a paper assessment, there will also be an LT54.

The ESA85A would have been generated by the assessing ATOS HCP, this will include the recommendations of which ESA "group" you should be placed in. It should also contain the prognosis, (recommended length of the award before reassessment)

The ESA85A will now be with The DWP, as will the LT54 which may also contain useful information.

Do not miss your one month deadline to appeal if they have not arrived. You can always submit further evidence when they do.

You can request them over the phone but we recommend that you back this verbal request up in writing, using a SAR.

ESA medical – what forms to ask for?

ESA Forms

SAR :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/

Sending Documents to the DWP or ATOS

bro58

Well phoned the DWP this morning and asked for a copy of the ESA85A which the polite young lady said she would get on to straight away, going to put it in writing as well. Changed slightly when I asked for the LT54 I was informed that was for internal use only and I would never get that so rather than argue the point left it at that as I can take that up later.

Unfortunately phoned some of the links posted on the site, Scope was very helpful but the nearest place to me is about 45 miles but she did look up to see if there was anyone that could help locally. Nearest is 30 miles away and specialise in ESA and other benefits, paid for service but it's a legal firm so thinking if I go ahead with an appeal be useful to have legal representation at a low cost. The only other service in the area is CAB, they don't offer anyone to go to appeals or medicals now where I am so at a loss on that front.

Went there today to pick up the GL24, nice lady said they didn't have any so I pointed out she was actually leaning on them and said I can make an appointment or pop in for a chat once things get moving.

Only thing that I wondered as some changes have been made very recently so not sure if some of what I have been told is old information or they have the updated information but she said that if I decided to appeal I could cancel that at any point and stay in WRAG, as I will still have to go to WFI's anyway even if I appeal so wondering if this was the case?

Been thinking and believe more now I should be in the SG, I could stay in WRAG and end up making the worse mistake of my life just because it's the easier option or could appeal and end up with the result that myself and my doctors think is right. I know it's rare that a tribunal will kick you off ESA completely but there is the risk although I feel if that was to happen I have enough supporting evidence for over 30 years that the conditions and illness I suffer from are progressive and non curable so would challenge that.

End of the day I could stay in WRAG and be palmed off with some job that will seriously affect my health, I know my local office is like this after what they did to a friend or I could fight for what I believe and can prove to be true with the supporting evidence I have.

Sorry for the long post, been one of those days and shared it rather than letting it bang about in my head.

Hi Fawllty,

I have accepted your post this time but will ask you to keep them slightly shorter in future please

I think you did the right thing in not pushing the LT54 issue on the phone. Many of our members have received these, so we know that the person you spoke to was misinformed (as often happens with the call centre staff), the form should be provided if you put in a Subject Access Request.

The person you spoke to is correct on two points -
1) You can withdraw your appeal at any stage

2) You are obliged to undertake Work Focussed Interviews if asked to do so - but you should not be forwarded to the Work Program if you are appealing

Do I have to attend WFIs while I appeal?

I am afraid that many people are finding it difficult to get expert help these days. CABs have had funding withdrawn and legal aid has been withdrawn for 1st tier appeals so other places that used to help have also lost funding.

Fawlty wrote: Well phoned the DWP this morning and asked for a copy of the ESA85A which the polite young lady said she would get on to straight away, going to put it in writing as well. Changed slightly when I asked for the LT54 I was informed that was for internal use only and I would never get that so rather than argue the point left it at that as I can take that up later.

Unfortunately phoned some of the links posted on the site, Scope was very helpful but the nearest place to me is about 45 miles but she did look up to see if there was anyone that could help locally. Nearest is 30 miles away and specialise in ESA and other benefits, paid for service but it's a legal firm so thinking if I go ahead with an appeal be useful to have legal representation at a low cost. The only other service in the area is CAB, they don't offer anyone to go to appeals or medicals now where I am so at a loss on that front.

Went there today to pick up the GL24, nice lady said they didn't have any so I pointed out she was actually leaning on them and said I can make an appointment or pop in for a chat once things get moving.

Only thing that I wondered as some changes have been made very recently so not sure if some of what I have been told is old information or they have the updated information but she said that if I decided to appeal I could cancel that at any point and stay in WRAG, as I will still have to go to WFI's anyway even if I appeal so wondering if this was the case?

Been thinking and believe more now I should be in the SG, I could stay in WRAG and end up making the worse mistake of my life just because it's the easier option or could appeal and end up with the result that myself and my doctors think is right. I know it's rare that a tribunal will kick you off ESA completely but there is the risk although I feel if that was to happen I have enough supporting evidence for over 30 years that the conditions and illness I suffer from are progressive and non curable so would challenge that.

End of the day I could stay in WRAG and be palmed off with some job that will seriously affect my health, I know my local office is like this after what they did to a friend or I could fight for what I believe and can prove to be true with the supporting evidence I have.

Sorry for the long post, been one of those days and shared it rather than letting it bang about in my head.

Hi Basil,

I have merged your post with your previous topic for continuity.

Please make any further queries to this topic, you may wish to bookmark/ favourite this page for future ease of access.

I will respond to your query presently.

bro58

Hi Basil,

MHB beat me to it, and is exactly right, you can gain copies of any documentation that is personal to you.

I have had several LT54's in my hand so they most definitely are available.

As MHB says, use a SAR if necessary, there is a link to download one earlier in this topic thread.

You don't have to obtain a GL24 from the DWP you can download and print one off from the link on this page :

How to submit an appeal

Which is one of our : Appeals FAQ’s

You should read the GL24, but to save on ink and paper, you only have to print off from Page 20.

Regarding gaining face to face advice, have you tried putting Welfare Rights/Advice and your Town/Postcode into your internet search engine ?

bro58

Thanks bro