THE FULL FACTS

A guide to ESA and ATOS claim form, and medical examination assessments.
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 Post subject: reconsideration failed!
PostPosted: Thu Jul 26, 2012 10:38 am 
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Further to my previous post. Today got phone call from decision maker - husband took call. Say do not have enough evidence to get into support group. Say mental health evidence does not make clear I am a danger to myself. Also said I filled out my own form - not true - welfare rights officer did it and her name is on form at end as doing so. Is appeal worth trying? Really distressed about this.


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PostPosted: Thu Jul 26, 2012 11:28 am 
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Yes, please appeal. I understand how upsetting it all is, but 40% of appeal cases are won. Go back to your Welfare office, and get their help.

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PostPosted: Thu Jul 26, 2012 12:19 pm 
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Get the welfare rights officer to help with appeal, but let the DWP know you are intending to appeal and ask for the forms needed.

The form (GL24) is in my signature but ask for it anyway.

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PostPosted: Thu Jul 26, 2012 1:53 pm 
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Def appeal. And get your psych to write a supporting letter - remember for support group it's not points that count. See my signature for support group descriptors plus be aware of exceptional circumstances.

You can be exempted on the basis of being covered by the limited capability for work exceptional circumstances rules, usually called Regulation 29(2)b

The exact wording is:
(b) you suffer from some specific disease or bodily or mental disablement and, by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if you were found not to have limited capability for work.

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PostPosted: Thu Jul 26, 2012 4:24 pm 
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snowman wrote:
You can be exempted on the basis of being covered by the limited capability for work exceptional circumstances rules, usually called Regulation 29(2)b

As far as I understand it, Regulation 29 relates to limited capability for work, i.e. for entry to the WRAG. I believe it's Regulation 35 that deals with the limited capability for work-related activity exceptional circumstances, leading to the support group if you satisfy it.

I would say appeal. I realise it's probably stressful, but it seems to be the only way to get them to properly look at your case.


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PostPosted: Thu Jul 26, 2012 8:10 pm 
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If this is any help, I have just met a friend of mine WCA = 0 points went to appeal and got put in support group with a 2 year review.

What a result.

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PostPosted: Fri Jul 27, 2012 11:04 pm 
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That is good news toolbox, it is worth considering only 15% of ESA decisions are changed at the reconsideration stage so don't be too disenheartened, whereas at the appeal stage 40% of appeals are upheld without representation, rising in some cases to 70% with representation, CAB, WRO etc.


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