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A victory of sorts - WRAG to SG appeal
- slugsta
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11 years 10 months ago #106020 by slugsta
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Replied by slugsta on topic A victory of sorts - WRAG to SG appeal
Yes, section 3 refers to the Support group descriptors - it would have been helpful for you to know which of these had been deemed to apply!
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The following user(s) said Thank You: elaine pyrke
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- bro58
11 years 10 months ago - 11 years 10 months ago #106022 by bro58
Replied by bro58 on topic A victory of sorts - WRAG to SG appeal
Hi E,
That is great news,
well done.
Yes, Schedule 3 covers the SG (LCWRA) Descriptors.
As your award would date from last year, it would be the "Old" SG Descriptors :
”Old” 2011 ESA SG (LCWRA) Schedule 3 Descriptors
You must have fulfilled at least one of these descriptors.
If you had qualified under Exceptional Circumstances Rules, ESA Reg 35 would have been cited :
ESA Reg 35 for entry to The SG (LCWRA)
bro58
That is great news,
well done.Yes, Schedule 3 covers the SG (LCWRA) Descriptors.
As your award would date from last year, it would be the "Old" SG Descriptors :
”Old” 2011 ESA SG (LCWRA) Schedule 3 Descriptors
You must have fulfilled at least one of these descriptors.
If you had qualified under Exceptional Circumstances Rules, ESA Reg 35 would have been cited :
ESA Reg 35 for entry to The SG (LCWRA)
bro58
Last edit: 11 years 10 months ago by bro58.
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- elaine pyrke
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11 years 10 months ago - 11 years 10 months ago #106027 by elaine pyrke
Replied by elaine pyrke on topic A victory of sorts - WRAG to SG appeal
Thanks for this, I’m please to know SG was awarded on the descriptors. If I understand correctly this means on the next assessment the onus is on them to show I don’t meet the SG criteria; whereas if I got it on exceptional circumstances the onus would be on me to show I do still meet the criteria.
I agree MHB it would certainly help me if they’d said which descriptor(s) I’d met – if it was the mobility one then that would give me evidence to appeal the refusal to award me DLA mobility component.
They haven’t sent any score sheet relating to the new decision. Do you think one must exist, should I ask again?
I did specifically request the ESA 114, but the covering letter says this is a form requesting medical certificates and not applicable to my situation – I thought (from FAQ on forms) that that was a ESA 113. Have they got this muddled? Should I ask again for a ESA 114?
Thanks again
Elaine
I agree MHB it would certainly help me if they’d said which descriptor(s) I’d met – if it was the mobility one then that would give me evidence to appeal the refusal to award me DLA mobility component.
They haven’t sent any score sheet relating to the new decision. Do you think one must exist, should I ask again?
I did specifically request the ESA 114, but the covering letter says this is a form requesting medical certificates and not applicable to my situation – I thought (from FAQ on forms) that that was a ESA 113. Have they got this muddled? Should I ask again for a ESA 114?
Thanks again
Elaine
Last edit: 11 years 10 months ago by Gordon.
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- Gordon
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11 years 10 months ago - 11 years 10 months ago #106028 by Gordon
There should be an LT54, this is completed whenever a revision is done and should have the reasons why it was successful.
I cannot comment about the ESA114 as I have not seen one.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic A victory of sorts - WRAG to SG appeal
elaine wrote: Thanks for this, I’m please to know SG was awarded on the descriptors. If I understand correctly this means on the next assessment the onus is on them to show I don’t meet the SG criteria; whereas if I got it on exceptional circumstances the onus would be on me to show I do still meet the criteria.
I agree MHB it would certainly help me if they’d said which descriptor(s) I’d met – if it was the mobility one then that would give me evidence to appeal the refusal to award me DLA mobility component.
They haven’t sent any score sheet relating to the new decision. Do you think one must exist, should I ask again?
I did specifically request the ESA 114, but the covering letter says this is a form requesting medical certificates and not applicable to my situation – I thought (from FAQ on forms) that that was a ESA 113. Have they got this muddled? Should I ask again for a ESA 114?
Thanks again
Elaine
There should be an LT54, this is completed whenever a revision is done and should have the reasons why it was successful.
I cannot comment about the ESA114 as I have not seen one.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 10 months ago by Gordon.
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- elaine pyrke
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11 years 10 months ago - 11 years 10 months ago #106036 by elaine pyrke
Replied by elaine pyrke on topic A victory of sorts - WRAG to SG appeal
Thanks Gordon. As I said, I do have the new LT54 – that says that by reason of my physical and mental condition “at least one of the descriptors set out in Schedule 3 of the ESA Regulations does apply” to me.
It also says “The HCP has awarded 24 points for mobilising, hazard awareness and personal action.” I got 9, 6 and 9 points respectively for those descriptors at the medical. In my appeal submission I argued that I should have got 15 points for activities 1, 3, 4, and 5 (because I can’t do them reliably and repeatably) any one of which would have got me into the SG.
So surely the new DM must have awarded me 15 points for at least one of the SG-qualifying descriptors? How do I find out which one(s)?
Many thanks
Elaine
It also says “The HCP has awarded 24 points for mobilising, hazard awareness and personal action.” I got 9, 6 and 9 points respectively for those descriptors at the medical. In my appeal submission I argued that I should have got 15 points for activities 1, 3, 4, and 5 (because I can’t do them reliably and repeatably) any one of which would have got me into the SG.
So surely the new DM must have awarded me 15 points for at least one of the SG-qualifying descriptors? How do I find out which one(s)?
Many thanks
Elaine
Last edit: 11 years 10 months ago by Gordon.
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- Gordon
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11 years 10 months ago #106039 by Gordon
DWP procedure is appalling, I have seen comments from Tribunal judges criticising them because there is no clear documentation on how a Decision has been reached.
To be honest, if it is not documented on the LT54, then you are unlikely to get beyond “at least one of the descriptors set out in Schedule 3 of the ESA Regulations does apply”, you could ask for a written Statement of Reasons, but given what you have already received, the DWP will likely say that they have already provided it.
The only other alternative is to make a Subject Access Request for all of the documents held on you by the DWP, but I think you are chasing a piece of information that simply does not exit.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic A victory of sorts - WRAG to SG appeal
elaine wrote: Thanks Gordon. As I said, I do have the new LT54 – that says that by reason of my physical and mental condition “at least one of the descriptors set out in Schedule 3 of the ESA Regulations does apply” to me.
It also says “The HCP has awarded 24 points for mobilising, hazard awareness and personal action.” I got 9, 6 and 9 points respectively for those descriptors at the medical. In my appeal submission I argued that I should have got 15 points for activities 1, 3, 4, and 5 (because I can’t do them reliably and repeatably) any one of which would have got me into the SG.
So surely the new DM must have awarded me 15 points for at least one of the SG-qualifying descriptors? How do I find out which one(s)?
Many thanks
Elaine
DWP procedure is appalling, I have seen comments from Tribunal judges criticising them because there is no clear documentation on how a Decision has been reached.
To be honest, if it is not documented on the LT54, then you are unlikely to get beyond “at least one of the descriptors set out in Schedule 3 of the ESA Regulations does apply”, you could ask for a written Statement of Reasons, but given what you have already received, the DWP will likely say that they have already provided it.
The only other alternative is to make a Subject Access Request for all of the documents held on you by the DWP, but I think you are chasing a piece of information that simply does not exit.
Gordon
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