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ESA appeal from WRAG to SG - medical score sheet

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10 years 9 months ago - 10 years 9 months ago #107334 by Karen carr
Hi everyone,

I've been on IB, then ESA (support group) since 2003. This year, with no positive change to my symptoms, and based on the same evidence as before, I've been moved from the support group to WRAG. This is despite evidence based on B and W excellent guides, and 2 supporting letters from consultants, stating I will not be improving for the foreseeable future, if ever.

I've read the guide about appeals. I've lodged one, obtained a supporting note from my GP (who wasn't consulted) and asked for copies of the medical report and the score sheet from the DWP. These latter have come now. The only score sheet I have is an ESA 85 one (although the letter refers to a ESA58 score sheet - are these the same?)

This shows scores from the ATOS examiner, but nothing from the decision maker, although there is a column for that (which is blank). Does this mean they've decided based on ATOS only? Is there another form they should have sent me?

I have to send my final information before the end of July, so would really appreciate any guidance anyone has to offer.

Thanks so much
Last edit: 10 years 9 months ago by slugsta.

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10 years 9 months ago #107341 by slugsta
There is a lot of different paperwork and it is not always (or often!) clear what will be produced when. It seems that a score-sheet, as such, is rarely produced and the Decision Maker often does nothing more than 'rubber stamp' the ATOS opinion.

ESA Forms

ESA medical – what forms to ask for?

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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10 years 9 months ago #107348 by Billy
Hi F RED
I was sent a score sheet but it was on a ESA 56, but as you are appealing to be put in the support group, points dont matter you have to meet a relevant descriptor, just focus on how you meet the criteria to be placed in the support group

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10 years 9 months ago #107353 by elaine pyrke
Replied by elaine pyrke on topic ESA appeal from WRAG to SG - medical score sheet
My ESA85 scoresheet like yours only had ticks in the ATOS column, nothing in the columns marked DM or claimant. My suspicion was that nobody had read my ESA50, and the DM had simply accepted the ATOS nurse's score at face value.

My appeal submission didn't really include any new information or evidence (I had Given My All on the ESA50), but I just re-stated how I met the descriptors, this time explicitly saying which ones I felt I should get the 15 points for that would get me into the Support Group. As part of this I pointed out the errors/omissions/baseless assumptions made by the nurse.

I also pointed out their own handbook says that, if you can't do an activity reliably and repeatedly and safely, you should be deemed to be unable to do it at all - the nurse didn't seem to be aware of that.

I was put into the SG instead of the WRAG (on migration from IB), at the reconsideration stage so I didn't actually have to go to a tribunal.

Best wishes with your appeal
Elaine
The following user(s) said Thank You: cemac

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