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11 years 10 months ago #106085 by Gordon
Replied by Gordon on topic ESA50
Taggy

The simple fact of the matter is that the DWP processes for documenting a Decision are wholely inadequate, however, in fairness to ATOS and the DWP they are not legally required to pursue any and all of the criteria that a claimant might meet, once they have established that they have scored 15 points for the WRAG and/or one of the descriptors for the Support Group.

According to what you have posted, you met the criteria for Descriptor 1a, which scores 15 points and also places you in the Support Group.

I can understand that you want to know more about the other criteria you might have met for use in future assessments, but I am afraid, in my opinion it does no exist and will not be revealed by further requests for information.

In regard the nurse vs. a doctor, ATOS are not legally required to use a doctor in these circumstances, it is simply their best practice.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: elaine pyrke, Taggy

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11 years 10 months ago - 11 years 10 months ago #106143 by Taggy
Replied by Taggy on topic ESA50
Thanks Gordon. So basically do you think that as soon as it becomes apparent to them that a person qualifies for the Support Group then they don't look further into the claim form & score on the other descriptors?

I always felt there should not have been a problem him qualifying under the first descriptor, but if anything the medical evidence we supplied was even more helpful towards the mental health descriptors later on, and I would have every confidence in challenging them on that if he ever failed on the mental health grounds.

Is it worth asking them further for what he scored on those or would you just leave it as it is seeing as the outcome is satisfactory....I don't want to rock the boat, so to speak.

Best Regards - Taggy
Last edit: 11 years 10 months ago by bro58.

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  • bro58
11 years 10 months ago - 11 years 10 months ago #106144 by bro58
Replied by bro58 on topic ESA50

Taggy wrote: Thanks Gordon. So basically do you think that as soon as it becomes apparent to them that a person qualifies for the Support Group then they don't look further into the claim form & score on the other descriptors?

I always felt there should not have been a problem him qualifying under the first descriptor, but if anything the medical evidence we supplied was even more helpful towards the mental health descriptors later on, and I would have every confidence in challenging them on that if he ever failed on the mental health grounds.

Is it worth asking them further for what he scored on those or would you just leave it as it is seeing as the outcome is satisfactory....I don't want to rock the boat, so to speak.

Best Regards - Taggy


Hi T,

Information gleaned from all the feedback that we receive from members points to the fact that once The DM feels that you fulfill the criteria for qualification, that they leave it at that.

As Gordon states, he has qualified on the "Mobilising" "Moving Around" Descriptor 1 (a) by the look of it.

I also agree with Gordon in that you would very lucky to receive any further detail.

Sometimes, they simply state "has fulfilled the criteria set out in Schedule 3" (SG Descriptors) without even citing which descriptor it is.

Whether you wish to pursue this any further, is entirely a matter of choice. :)

bro58
Last edit: 11 years 10 months ago by bro58.

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