Decision maker will phone monday?

Hi,

Between now and Monday, you may wish to read through our ESA Claims Guides :

ESA Claims Guides

They may give you a better idea of what the DM is looking for. In particular have a look at :

Qualifying for the WRAG

&

Qualifying for the Support Group

From our : ESA FAQ’s

To qualify for The WRAG, you must be assessed as having Limited Capability for Work, (LCW) and score at least 15 points cumulatively across these descriptors :

WRAG (LCW)Schedule 2 Descriptors

And/Or qualify under ESA Regulation 29 :

ESA Reg 29 for entry to The WRAG (LCW)

PLUS Post 28/01/13 Amendment of :

(3) Paragraph (2)(b) does not apply where the risk could be reduced by a significant amount by—

(a)reasonable adjustments being made in the claimant’s workplace;

or

(b)the claimant taking medication to manage the claimant’s condition where such medication has been prescribed for the claimant by a registered medical practitioner treating the claimant.”.

From :

www.legislation.gov.uk/uksi/2012/3096/regulation/3/made

To qualify for The SG, you must be assessed as having Limited Capability for Work Related Activity, (LCWRA) and you must fulfill at least one of these descriptors :

SG (LCWRA)Schedule 3 Descriptors

And/Or qualify under ESA Regulation 35 :

ESA Reg 35 for entry to The SG (LCWRA)

PLUS Post 28/01/13 Amendment of :

(3) In regulation 35(1) (certain claimants to be treated as having limited capability for work-related activity)(6), for sub-paragraph (b) substitute—

“(b)the claimant is-

(i)receiving treatment for cancer by way of chemotherapy or radiotherapy;

(ii)likely to receive such treatment within six months after the date of the determination of capability for work-related activity; or

(iii)recovering from such treatment,

and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work-related activity; or”.

From :

www.legislation.gov.uk/uksi/2012/3096/regulation/4/made

bro58

Hi,

You may wish to have a read of The Guide that is used by The DM in coming to a decision on whether a claimant has LCW or LCWRA :

DM Guide LCW & LCWRA

&

DM Guide ESA Amendments from 28/01/13

You can Bookmark/Favourite this page for ease of future reference.

bro58

Couldn't agree more . I would want everything in writing

Hi,

Whilst you are on the phone to The DM, you should request copies of The ESA85 Medical Report, this would have been generated by the assessing ATOS HCP at your face to face assessment.

There may also be a "Score Sheet", in fact you should request all the documentation used by The DM in coming to the decision.

If they do not comply with your request,you can make a formal request in writing, using a Subject Access Request under The Data Protection Act 1998.

Remember, in qualifying for The WRAG or SG the limitations suffered as a result of your medical conditions are more important than the conditions themselves. (Except for the medical conditions covered under ESA Regs 29 & 35)

bro58

I got a phone call today about my IB claim, I was told that I would not be transferred to the support group but I had "limited capability for work" and would go into the ESA Work related activity group because I hadnt achieved 15 points. I was told I could sign on at job centre or could have reason I didnt get 15 points looked at again, or I could appeal. I was told that my INCAP BENEFIT WOULD CEASE ON 15 JUNE.

I was asked if there was anything else I wanted to tell them that may affect decision, and I replied that as I dont know how youve made the decision its a bit hard to tell them anything else. I told them how after ceasing my teaching job I had made several attempts to rejoin the work force, at first in teaching, supply, part time etc and when that didnt work out I tried to retrain for an insurance job but wasnt able to take in or learn the computer programme. I had also tried a job in a call centre but found it incompatable with my health problems. This obviously wasnt what she was interested in and went on to tell me she would send me a letter. I also asked her to send me copies of the medical report by ATOS, scoresheet and all documents involved in the decision. I am hoping that there will be something in there I can query.

Additionally I was told by this person on the phone that if I sent in a sick note with my appeal I could continue to receive benefit. Is this true? Can I continue to get some sort of benefit whilst I appeal? I had thought about signing on but thought this might prejudice my appeal. Additionally, I have applied for carers allowance ... was this a bad idea?

I have made an appointment with CAB for 2 weeks time, hoping my letter will have come and see what they suggest.