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ESA laughable
- Walky332000
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12 years 2 weeks ago - 12 years 2 weeks ago #104975 by Walky332000
ESA laughable was created by Walky332000
hi folks.been a while since i posted.il give yous a quick rundown.my mum is just over a year away from retirement.she had to quit her full time job due to arthiritis and spondilitus.she was just physically unable to do it anymore so i did her application etc using the guides from the site.around week 12 she went to the medical and did that but thats not what im posting about.yesterday she got her decision.she has been told she is not entitled to any esa at all and has been told to apply for another benefit (jobseekers i think).when i read the decision letter the doctor/fool who assessed her made stuff up as expected but he did say that he had awarded her 6 points for part of the mobility.this was strange cause on the other part of the letter said she has been awarded 0 points for every part.do yous think this could be a office/typing mistake or can the decision maker ignore the doctors 6 points awarded.? i also thought if she didnt get the 15 points for the support group she would have been put into the wrac?were appealing it though.thanks for any help
Last edit: 12 years 2 weeks ago by Gordon.
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- Gordon
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12 years 2 weeks ago - 12 years 2 weeks ago #104976 by Gordon
I am sorry to hear that your mother's claim was not successful.
First, to clear up a few points.
- To be placed in the WRAG she needs to score a minimum of 15 points across the 17 ESA questions on the ESA50 or meet one of the WRAG Exceptional Circumstances.
- To be placed in the Support Group she needs to meet one or more of the SG descriptors or meet one of the SG Exceptional Circumstances.
I am afraid the Decision Maker is entitled to overrule the recommendation of the ATOS assessor if they believe it to be reasonable, so it is perfectly possible to score 6 points from the assessment and zero on the Decision Notice.
If you are intending to appeal I would recommend that you have a look at our ESA Appeal guide
www.benefitsandwork.co.uk/help-for-claimants/esa
You should also have a look at the following FAQs
How long do I have to appeal?
How to submit an appeal
ESA medical – what forms to ask for?
Qualifying for the WRAG
Qualifying for the Support Group
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
MOJ Video of ESA Appeals Process and Tribunal
If you have any questions, please reply to this post.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA laughable
Mranxiety wrote: hi folks.been a while since i posted.il give yous a quick rundown.my mum is just over a year away from retirement.she had to quit her full time job due to arthiritis and spondilitus.she was just physically unable to do it anymore so i did her application etc using the guides from the site.around week 12 she went to the medical and did that but thats not what im posting about.yesterday she got her decision.she has been told she is not entitled to any esa at all and has been told to apply for another benefit (jobseekers i think).when i read the decision letter the doctor/fool who assessed her made stuff up as expected but he did say that he had awarded her 6 points for part of the mobility.this was strange cause on the other part of the letter said she has been awarded 0 points for every part.do yous think this could be a office/typing mistake or can the decision maker ignore the doctors 6 points awarded.? i also thought if she didnt get the 15 points for the support group she would have been put into the wrac?were appealing it though.thanks for any help
I am sorry to hear that your mother's claim was not successful.
First, to clear up a few points.
- To be placed in the WRAG she needs to score a minimum of 15 points across the 17 ESA questions on the ESA50 or meet one of the WRAG Exceptional Circumstances.
- To be placed in the Support Group she needs to meet one or more of the SG descriptors or meet one of the SG Exceptional Circumstances.
I am afraid the Decision Maker is entitled to overrule the recommendation of the ATOS assessor if they believe it to be reasonable, so it is perfectly possible to score 6 points from the assessment and zero on the Decision Notice.
If you are intending to appeal I would recommend that you have a look at our ESA Appeal guide
www.benefitsandwork.co.uk/help-for-claimants/esa
You should also have a look at the following FAQs
How long do I have to appeal?
How to submit an appeal
ESA medical – what forms to ask for?
Qualifying for the WRAG
Qualifying for the Support Group
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
MOJ Video of ESA Appeals Process and Tribunal
If you have any questions, please reply to this post.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 2 weeks ago by Gordon.
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- bro58
12 years 2 weeks ago #104978 by bro58
Replied by bro58 on topic ESA laughable
Hi Mra,
Although it is mentioned in The ESA Appeals Guide on the link that Gordon has provided, to further clarify, your Mum does not have to claim JSA whilst appealing.
As long as she obtains a MED 3 "Fit Note" from her G.P. to cover her from the date of the fit for work decision and sends it with The GL24 appeals form, (Keep copies of both) she will be entitled to the assessment rate of ESA whilst appealing.
Sending Documents to the DWP or ATOS
bro58
Although it is mentioned in The ESA Appeals Guide on the link that Gordon has provided, to further clarify, your Mum does not have to claim JSA whilst appealing.
As long as she obtains a MED 3 "Fit Note" from her G.P. to cover her from the date of the fit for work decision and sends it with The GL24 appeals form, (Keep copies of both) she will be entitled to the assessment rate of ESA whilst appealing.
Sending Documents to the DWP or ATOS
bro58
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