Coflicting info on DWP ESA85A and ESA113

Hi, I have appealed recently against the decision to be placed in the WRAG group, I feel I should be in the support group. I have asked for my paper work to be sent to me.

In the ESA85A to nurse says that I do not have any problems engaging in social activities due to difficulty relating to others. In the form the DWP sent to my GP ESA113 in section 4 she has ticked that I do have difficulties coping with changes or social engagements.

How does this pan out for me now, as the nurse contradicts the GP opinion? for my appeal. Would this information be useful for my appeal?

Thank you.

JLP wrote: Hi, I have appealed recently against the decision to be placed in the WRAG group, I feel I should be in the support group. I have asked for my paper work to be sent to me.

In the ESA85A to nurse says that I do not have any problems engaging in social activities due to difficulty relating to others. In the form the DWP sent to my GP ESA113 in section 4 she has ticked that I do have difficulties coping with changes or social engagements.

How does this pan out for me now, as the nurse contradicts the GP opinion? for my appeal. Would this information be useful for my appeal?

Thank you.

Hi JLP,

The ESA DM is supposed to take all the evidence before them into account, and make a decision on the balance of probabilities.

You would have to show that the evidence provided by you and your G.P. was more compelling than that of The ATOS HCP.

This is the argument that ATOS use :

"2.7.2 The Role of the Atos Healthcare HCP

The Atos Healthcare HCP will provide advice to the Decision Maker using all their skills as a Disability Analyst. They will review all the evidence on file and provide advice on likely functional implications of any medical evidence provided.

The HCP must take into account that the primary role of the GP or hospital doctor is to diagnose and treat any medical conditions that the patient/claimant presents to them. Any information or medical report that the doctor provides to the Department for Work and Pensions in relation to disability benefits is a purely secondary activity to his therapeutic role.

A clinician does not routinely consider the functional restrictions or disabling effects of the medical conditions that they treat. They must take into consideration that the clinician may have no specific training in assessing disabilities in their medical education, and may have considerable difficulty in giving an accurate assessment or forming an opinion in relation to the functional restrictions experienced by their patient. In addition clinicians usually have, at best, very limited knowledge of entitlement criteria to ESA through the WCA."

From page 45 of The WCA Handbook, 2nd link from the bottom on this page :

ESA Claims Guides

bro58

It sounds like they have us over a barrel really. I think we have all been sold down the river. If a nurses word is believed rather than a doctor, then its hopeless. How are we meant to appeal their decisions.

JLP wrote: It sounds like they have us over a barrel really. I think we have all been sold down the river. If a nurses word is believed rather than a doctor, then its hopeless. How are we meant to appeal their decisions.

Hi JLP,

I know it may seem "hopeless" but it is most certainly not.

This fact is proven by the number of successful appeals made by our members, and with the general public.

You must put all relevant arguments forward as to how and why you qualify under The SG Descriptors, and certainly mention your G.P.'s comments in The ESA113, and query why the ATOS HCP and The DM have chosen not to take account of them.

A reviewing DM, or a Tribunal panel, may in fact decide that there is compelling evidence that indicates that you should have been placed into The SG.

Qualifying for the Support Group

bro58

Thanks Bro, I guess Im just tiered and worn out. I appreciate that you help and inspire many people. Without your site I dont know what I would have done.