ESA assessment with no information

A client is appealing the decision to place her in the WRAG group.

The IB85 included in the appeal papers states that the ATOS assessment was terminated because she became distressed. There is no score sheet or indication of which desscriptors were applied. It only states that "she was found to be in an exempt group".

Any ideas what this means?

carmind wrote: A client is appealing the decision to place her in the WRAG group.

The IB85 included in the appeal papers states that the ATOS assessment was terminated because she became distressed. There is no score sheet or indication of which desscriptors were applied. It only states that "she was found to be in an exempt group".

Any ideas what this means?

Hi c,

I assume that you mean ESA85.

Sometimes face to face assessments are curtailed if the assessing ATOS HCP considers that the claimant has fulfilled the qualifying criteria.

"she was found to be in an exempt group".

Could mean that the ATOS HCP has recommended that ESA Regulation 29 should be applied :

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

If ESA Reg 29. (2) (a) (i) or (ii) is not applicable, then one would assume that it would be under ESA Reg 29. (2) (b) with respect to "Substantial Risk" to herself or others.

There is a high possibility that where ESA Reg 29 is applied, that ESA Reg 35. (2) (a) & (b) may also be applicable, with respect to "work related activity". :

ESA Reg 35 for entry to The SG (LCWRA)

You need to make a SAR to the DWP specifically requesting which of the WRAG Descriptors were applied. i.e. one or more of the WRAG Functional Descriptors at Schedule 2, or the Non Functional Descriptor at ESA Reg 29.

SAR Form Download

From this page :

DWP Data Protection Policy

Either way, the main aim of your appeal will be to show how and why they should have qualified for The SG :

Qualifying for the Support Group

bro58

Thanks Bro. I am hoping that it is Reg29 because we can argue that Reg 35 should also apply.

I've written to the DWP (twice) but no reply!!

carmind wrote: Thanks Bro. I am hoping that it is Reg29 because we can argue that Reg 35 should also apply.

I've written to the DWP (twice) but no reply!!

Hi c,

If you make the request in the form of a SAR under The Data Protection Act 1998, they have 40 calendar days from receipt, to comply.

If they don't you can complain to The ICO :

www.ico.org.uk/complaints

You could make an official SAR as above, mentioning that you have requested information previously, with the threat of a complaint to ICO if they fail to comply once more.

Address the envelope : FAO The Data Controller, at the Benefits Office dealing with their ESA.

Write DPA 1998 SAR in front, top left of envelope, and keep a copy.

Sending Documents to the DWP or ATOS

bro58