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ESA MR after WRAG from support group

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5 years 5 months ago #221734 by cat123
ESA MR after WRAG from support group was created by cat123
Hi

We are thinking about a MR after WRAG placement after f2f assessment. I've been ill ever since the reassessment and had a feeling they would make go to JC+. I don't think I can do this and was talking about just cancelling my claim as it's making my health even worse.

They said I only scored 15 points and the physio therapist that assessed my mental health was asking the same questions over and over in a different way until he got the answers he needed. It was a terrible experience at an already low point in my life.

We got a statement of reason which said we could appeal one month from receiving it but that would be nearly 1 month and half months from the initial decision is this correct or are they giving us false information?

In the MR letter do we write out why we disagree with every point in the statement of reason and try and back it up with additional info if possible. We already gave quite a lot of information originally but I have receive an additional letter from psychological services team treating me.

The HCP's report was very inaccurate and the points he made against me were blown up to make me look fitter than I am. Is there anything I can say about this or is that irrelevant to MR?

Regards

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5 years 5 months ago #221746 by Gordon
Replied by Gordon on topic ESA MR after WRAG from support group
Calum

Based on your health as it was at the time that you were assessed can you show that you meet one or more of the Support Group Descriptors? There is a list of the criteria you will need to meet in our ESA Claim guides.

www.benefitsandwork.co.uk/help-for-claimants/esa1

Gordon

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5 years 5 months ago #221782 by cat123
Replied by cat123 on topic ESA MR after WRAG from support group
Thanks Gordon for the reply. Yes I think we already showed that I meet the criteria for support group descriptors and sent a lot of info in the esa50 but the dm made their decision primarily on the HCP's assessment. The dm hasn't taken much notice of the esa50 or supporting evidence sent.

I was in the support group before the reassessment and my condition has only got worse since then so it's came as a shock to be placed in wrag now.

When doing an MR letter is it important to point out all inaccuracies within the statement of reason? It needs to be done soon so really worried about this getting done on time as the statement of reason is quite large and they only scored me points on two of the descriptors which seems unfair.

I thought that with my health the substantial risk would definitely apply but the dm didn't agree. They only scored me points for descriptors 12 & 13 but not enough to meet support group criteria. My mental health is severe and thought that much of the descriptors would score at least some points.

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5 years 5 months ago #221795 by Gordon
Replied by Gordon on topic ESA MR after WRAG from support group
Cat

The criteria for the SG is not points based although some but not all of the 15 point Descriptors for the WRAG correspond to the SG Descriptors.

The DWP has issued new guidance in regard to the Substantial Risk Regulations and it is now much more difficult to qualify for the SG via this route.

Are you looking at a Statement of Reasons from the Decision Maker or the assessment report?

Your primary task is to make sure that you have shown that you meet the SG criteria, go back through your ESA50, our ESA Claim guides and the statement/report to make sure that this is the case.

As a secondary activity rebut the information that the DM has used to make the Decision, don't waste your time dealing with issues that do not lead to your being placed in the SG, try and undermine the content by referring back to your evidence and if you can't do that, your form. If you have to directly contradict the assessor's opinions then don't just say that it is wrong, show how it is. Lastly, don't assume that the assessor is not qualified to have done the assessment, you may be able to show this but you will need to do the work to do this.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: cat123

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5 years 5 months ago #221815 by cat123
Replied by cat123 on topic ESA MR after WRAG from support group
Thanks again Gordon. We have the assessors report and the decision makers statement of reason. We are basing the appeal on the statement of reason and only referencing the hcp when the dm has used what was said to come to a decision. My wife who attended the wca is a hcp in the NHS was shocked at the inaccuracies within the assessment report and certain points the hcp chose to highlight to deny me points.

My wife used the guides on this site to complete the forms last time and this time with plenty of detail but the only thing lacking this time was up to date supporting evidence as my gp doesn't respond well to writing letters and he is my main healthcare professional whom I have contact with. I have found it very difficult to access adequate MH care and service although I am currently being seen by psychological services through the NHS after a long wait and they have been kind enough to give a supporting letter for my MR detailing my severe depression and anxiety plus insomnia. I don't know how helpful this will be but we did supply lots of letters and reports from health care professionals that I've came in contact with over the last three or four years. These were adequate enough to get me into the support group on my first assessment but as we didn't request anything after the decision we don't know how I was deemed eligible. There has been no improvement in my condition and even a worsening with some aspects.

We thought I would score points for all MH descriptors with some being as much as 15 but that the substantial risk would also apply unfortunately I only scored 15 entirely. Ever since the wca my health has worsened never mind the decision I just feel like it's never ending. I was advised to apply for pip from the jc+ but don't think I can face it I could have applied 3 years ago but just don't have the energy. The first JC appointment was yesterday and I was a wreck but the coach seemed ok but I don't really know as I've no trust in the whole system.

My wife is tempted to have a go at the hcp as there assessment was poor but I don't know if that will be appropriate for a MR?

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5 years 5 months ago #221819 by Gordon
Replied by Gordon on topic ESA MR after WRAG from support group
Cat

If you were unable to provide new evidence then that may be why you failed to meet the Substantial Risk criteria, unlike the rest of the criteria, there is no on-going presumption of disability, you need to show that you meet the criteria each time you are assessed.

If you tackle the report then be logical about how you do it, DMs place unreasonable weight on the report and you will need to show fundamental errors to overturn it.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: cat123

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