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Re Support Group Descriptor ?
- ESA Headache
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10 years 10 months ago - 10 years 10 months ago #106248 by ESA Headache
Replied by ESA Headache on topic Re Support Group Descriptor ?
At my ESA assessment I scored nothing and written on the Atos medical report sheet under manual dexterity 'none of the above apply' is written although in the report is states that I can use a telephone keypad, (which is correct), but although I did tell the Atos assessor re being unable to turn pages of a book due to neurological condition affecting 'fine finger movements' that is not recorded.
When the reconsideration was done the Decision Maker spoke to me on the phone and I explained why I have trouble 'turning pages of a book' but can press keypad and I did ask whether to fulfil the support group criteria I had to be unable to complete BOTH pressing a phone keypad and also turn pages of a book and I was told I needed only to be able to perform 1 to meet support group criteria.
I received my appeal letter and reconsideration statement in the Decision Makers 'review' it states 'unable to turn the pages of a book with either hand, this is accepted but can press a button etc etc
When the reconsideration was done the Decision Maker spoke to me on the phone and I explained why I have trouble 'turning pages of a book' but can press keypad and I did ask whether to fulfil the support group criteria I had to be unable to complete BOTH pressing a phone keypad and also turn pages of a book and I was told I needed only to be able to perform 1 to meet support group criteria.
I received my appeal letter and reconsideration statement in the Decision Makers 'review' it states 'unable to turn the pages of a book with either hand, this is accepted but can press a button etc etc
Last edit: 10 years 10 months ago by Gordon.
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10 years 10 months ago #106249 by Gordon
And for completeness, the problem with turning the pages of a book, it affects both of your hands?
Gordon
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Replied by Gordon on topic Re Support Group Descriptor ?
ESA Headache wrote: At my ESA assessment I scored nothing and written on the Atos medical report sheet under manual dexterity 'none of the above apply' is written although in the report is states that I can use a telephone keypad, (which is correct), but although I did tell the Atos assessor re being unable to turn pages of a book due to neurological condition affecting 'fine finger movements' that is not recorded.
When the reconsideration was done the Decision Maker spoke to me on the phone and I explained why I have trouble 'turning pages of a book' but can press keypad and I did ask whether to fulfil the support group criteria I had to be unable to complete BOTH pressing a phone keypad and also turn pages of a book and I was told I needed only to be able to perform 1 to meet support group criteria.
I received my appeal letter and reconsideration statement in the Decision Makers 'review' it states 'unable to turn the pages of a book with either hand, this is accepted but can press a button etc etc
And for completeness, the problem with turning the pages of a book, it affects both of your hands?
Gordon
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10 years 10 months ago - 10 years 10 months ago #106250 by ESA Headache
Replied by ESA Headache on topic Re Support Group Descriptor ?
Yes it affect both hands, but I can hold a pen for short periods of time to sign etc, although I drop things a lot as I can't feel whether I am holding it or not, it is a neurological condition that affects 'fine finger movements, feeling etc'
Last edit: 10 years 10 months ago by Gordon.
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10 years 10 months ago #106251 by Gordon
Based on what you have posted, in principle you should be in the Support Group because you meet the criteria for 5.a(ii).
However, I am concerned that you scored no points for this descriptor at the assessment. The DWP Decision Maker is not medically trained and it would be unusual for them to override the medical opinion of an ATOS assessor to this degree.
So, you should have a careful look at the medical evidence you have so far presented to confirm that it supportive of a SG Decision.
It is also worth pointing out in your submission that the DM has conceded that you are "unable to turn the pages of book", and that this should qualify for you for the Support Group, if you are lucky it may still result in a revision before a Tribunal hearing is convened.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re Support Group Descriptor ?
ESA Headache wrote: Yes it affect both hands, but I can hold a pen for short periods of time to sign etc, although I drop things a lot as I can't feel whether I am holding it or not, it is a neurological condition that affects 'fine finger movements, feeling etc'
Based on what you have posted, in principle you should be in the Support Group because you meet the criteria for 5.a(ii).
However, I am concerned that you scored no points for this descriptor at the assessment. The DWP Decision Maker is not medically trained and it would be unusual for them to override the medical opinion of an ATOS assessor to this degree.
So, you should have a careful look at the medical evidence you have so far presented to confirm that it supportive of a SG Decision.
It is also worth pointing out in your submission that the DM has conceded that you are "unable to turn the pages of book", and that this should qualify for you for the Support Group, if you are lucky it may still result in a revision before a Tribunal hearing is convened.
Gordon
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10 years 10 months ago - 10 years 10 months ago #106255 by ESA Headache
Replied by ESA Headache on topic Re Support Group Descriptor ?
Gordon
Please can you explain 'It is also worth pointing out in your submission that the DM has conceded that you are "unable to turn the pages of book", and that this should qualify for you for the Support Group, if you are lucky it may still result in a revision before a Tribunal hearing is convened'.
Do you mean that the Tribunal maybe will pick up the point in question or if not what could you advise I do now?
Please can you explain 'It is also worth pointing out in your submission that the DM has conceded that you are "unable to turn the pages of book", and that this should qualify for you for the Support Group, if you are lucky it may still result in a revision before a Tribunal hearing is convened'.
Do you mean that the Tribunal maybe will pick up the point in question or if not what could you advise I do now?
Last edit: 10 years 10 months ago by Gordon.
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10 years 10 months ago #106259 by Gordon
It is certainly worth pointing it out to the Tribunal as it is an admission by the DWP that you meet the criteria for the Support Group, but in addition, any submission you make will be copied to the DWP, and there is a chance, albeit slim, that they will realise that the concession should hand the case to you.
Also, you should consider getting face to face advice from a trained advisor. A well worded letter to the DWP referencing the relevant legislation may also force the DWP's hand.
Where to get advice?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re Support Group Descriptor ?
ESA Headache wrote: Gordon
Please can you explain 'It is also worth pointing out in your submission that the DM has conceded that you are "unable to turn the pages of book", and that this should qualify for you for the Support Group, if you are lucky it may still result in a revision before a Tribunal hearing is convened'.
Do you mean that the Tribunal maybe will pick up the point in question or if not what could you advise I do now?
It is certainly worth pointing it out to the Tribunal as it is an admission by the DWP that you meet the criteria for the Support Group, but in addition, any submission you make will be copied to the DWP, and there is a chance, albeit slim, that they will realise that the concession should hand the case to you.
Also, you should consider getting face to face advice from a trained advisor. A well worded letter to the DWP referencing the relevant legislation may also force the DWP's hand.
Where to get advice?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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