ESA refused but I have just had DLA renewed

Hi

Completely new to this forum so hope I don't bore you all with my story!

I have had my ESA application refud based on my Atos assessment . I was awarded 6 points and told I could walk 200 meters, which is curious as I have just had my high rate mobility renewed, with no medical as they believe I can't! The port states I walked 20 m and the decision maker has decided I can walk 200m. Also the report states I sat for 45 minutes and only rise from my chair once with no issues. I got up throughout the medical using my stick t support and stood for part of the assessment. Hw do you challenge inconsistentes?

I took a whole pile of supporting evidence to the meiak and the nurse didn't want to see it. I am both confused and extremely disappointed by the DWP decision. Do the departments not have any common ground with regards to assessing people?

I am now going to appeal obviously but wondered if anyone has any tips for this.?

Where do I go from here?

Pixie poppet wrote: Hi

Completely new to this forum so hope I don't bore you all with my story!

I have had my ESA application refud based on my Atos assessment . I was awarded 6 points and told I could walk 200 meters, which is curious as I have just had my high rate mobility renewed, with no medical as they believe I can't! The port states I walked 20 m and the decision maker has decided I can walk 200m. Also the report states I sat for 45 minutes and only rise from my chair once with no issues. I got up throughout the medical using my stick t support and stood for part of the assessment. Hw do you challenge inconsistentes?

I took a whole pile of supporting evidence to the meiak and the nurse didn't want to see it. I am both confused and extremely disappointed by the DWP decision. Do the departments not have any common ground with regards to assessing people?

I am now going to appeal obviously but wondered if anyone has any tips for this.?

Where do I go from here?

Hi Pp,

Welcome to Benefits and Work

The first thing that I must point out to you, is that unlike the DLA Mobility Test, which is based on walking only, the ESA Mobilising test also takes into account whether you can "Mobilise" using a manual wheelchair unaided, as well as walking aided or unaided.

This is why an award of DLA Mobility Component "may" not be that helpful when it comes to ESA's "Mobilising".

If you wish to appeal the fit for work decision, you have one month from the date of your written decision notice to do this, by submitting a GL24 Form, which can be downloaded from the link on this page.(you only have to print off from around page 20 onwards) :

How to submit an appeal

To be entitled to payment of assessment rate ESA whilst you are appealing, you will also have to obtain a fit note/MED 3 from your G.P. to cover you from the active date of the fit for work decision.

You should send the MED 3 with your GL24. (keep copies)

Sending Documents to the DWP or ATOS

It may help to refute any inconsistencies within the ESA85 Medical Report, but the important issue is to show how you score the necessary 15 points to qualify for The WRAG, as under the descriptors.

WRAG (LCW) Descriptors

ESA Reg 29 for entry to The WRAG (LCW)

Qualifying for the WRAG

And/Or qualify under at least one of The SG Descriptors :

SG (LCWRA) Descriptors

ESA Reg 35 for entry to The SG (LCWRA)

Qualifying for the Support Group

This may simply involve reiterating evidence already provided, and/or providing fresh evidence.

On submitting your appeal, the decision will first receive a reconsideration by a different more senior DWP DM, so to have the best chance of having the decision changed at this stage, you should provide any relevant information ASAP.

There is an ESA Appeals Guide on this page :

ESA Claims Guides

I would also advise that you read our : Appeals FAQ’s , and our : ESA FAQ’s .

If you have any further queries, please repost to this topic.

bro58