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Late Reconsideration or Appeal?

  • Jayne
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11 years 2 weeks ago - 11 years 2 weeks ago #102560 by Jayne
Late Reconsideration or Appeal? was created by Jayne
Hoping for help

If you have been placed into the WRAG and feel it should be the support group and feel the atos report which states:

"functional restriction is likely repeatedly and reliably with mobilising and she may not be able to self propel a manual wheelchair."

My Prognosis said return to work unlikely for 2 years and unlikely in longer term

I gained 9 points for mobilising and 6 for standing and sitting.

My questions
1 - would it be better to ask for a Reconsideration based on this report or an Appeal?
My condition has not deteriorated but just the same nightmare dysfunction!

2 - Do I have to supply medical notes if I do one of above or not?

Thanks
Last edit: 11 years 2 weeks ago by Gordon.

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11 years 2 weeks ago #102565 by Gordon
Replied by Gordon on topic Late Reconsideration or Appeal?
Jayne

It is entirely up to you, although our recommendation is that you appeal, a Reconsideration will still be done so you lose nothing and may well save yourself several weeks if not months if it goes to a hearing.

You should not need to provide Fit Notes when appealing from the WRAG to the SG.

Just to be clear, neither of the phrases you reference imply you meet the SG criteria.

Please have a look at the following

Is there any risk to challenging a decision?

How long do I have to appeal?

How to submit an appeal

ESA medical – what forms to ask for?

Qualifying for the Support Group

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

MOJ Video of ESA Appeals Process and Tribunal

12 Month Limit for ESA(CB)

Do I have to attend WFIs while I appeal?

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • Jayne
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11 years 2 weeks ago - 11 years 2 weeks ago #102582 by Jayne
Replied by Jayne on topic Late Reconsideration or Appeal?
Thanks Gordon

Please could you explain alittle more about why the phrase below does not imply an 15 descriptor
- I had ticked not able to walk more than 50 metres without support and was in a wheelchair.

"functional restriction is likely repeatedly and reliably with mobilising and she may not be able to self propel a manual wheelchair."
Last edit: 11 years 2 weeks ago by Gordon.

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11 years 2 weeks ago #102589 by Gordon
Replied by Gordon on topic Late Reconsideration or Appeal?

Jayne wrote: Thanks Gordon

Please could you explain alittle more about why the phrase below does not imply an 15 descriptor
- I had ticked not able to walk more than 50 metres without support and was in a wheelchair.

"functional restriction is likely repeatedly and reliably with mobilising and she may not be able to self propel a manual wheelchair."


Because there is no distance specified!

It would be unusual for the Decision Maker to override a clear recommendation by the ATOS assessor that the claimant meets one of the Support Group descriptors.

Gordon

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  • Jayne
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11 years 2 weeks ago - 11 years 2 weeks ago #102613 by Jayne
Replied by Jayne on topic Late Reconsideration or Appeal?
Thanks again - I see what you mean.

I couldn't see anything on the links that say what happens to atos medical assessments when you appeal.

If you appeal WRAG to support are you still sent a ESA50 for reassessment during your appeal period or do atos postpone sending this til after appeal?

Thanks
Last edit: 11 years 2 weeks ago by Gordon.

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11 years 2 weeks ago #102614 by Gordon
Replied by Gordon on topic Late Reconsideration or Appeal?

Jayne wrote: Thanks again - I see what you mean.

I couldn't see anything on the links that say what happens to atos medical assessments when you appeal.

If you appeal WRAG to support are you still sent a ESA50 for reassessment during your appeal period or do atos postpone sending this til after appeal?

Thanks


There is nothing that prevents the DWP re-assessing a claimant while they are awaiting an Appeal, as the Appeal re-makes the original Decision rather than creating a new one.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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