an upcoming appeal

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an upcoming appeal

Postby jillypig1 » Sat Nov 09, 2013 3:20 am

hello following an unfair and detrimental report back from ATOS disability assessment , I was placed on work focused ESA but know I should be on support ESA , I have lodged an appeal but as yet not got a date of hearing . I do not know where to begin as ive never been to one before I need hepl , I need a representative , and support can you advise please ? thankyou for your attention . Jillian Lea
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Re: an upcoming appeal

Postby FluppyPuffy » Sat Nov 09, 2013 10:14 pm

I've moved you from where you originally made your post Jillian as Brian and his team don't deal with appeals relating to benefits. I've put you in here as it's the more suitable board and has lots of posts from others who are going thru similar times.

jillypig1 wrote:hello following an unfair and detrimental report back from ATOS disability assessment , I was placed on work focused ESA but know I should be on support ESA ,

To be placed in the Support Group you need to show the Decision Maker that you satisfy any of the relevant descriptors that apply to it.
1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid can reasonably be used.
Cannot either
(i) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion
or
(ii) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion.

2. Transferring from one seated position to another.
Cannot move between one seated position and another seated position located next to one another without receiving physical assistance from another person.

3. Reaching.
Cannot raise either arm as if to put something in the top pocket of a coat or jacket.

4. Picking up and moving or transferring by the use of the upper body and arms (excluding standing, sitting, bending or kneeling and all other activities specified in this Schedule).
Cannot pick up and move a 0.5 litre carton full of liquid.

5. Manual dexterity.
Cannot either:
(a) press a button, such as a telephone keypad or;
(b) turn the pages of a book
with either hand.

6. Making self understood through speaking, writing, typing, or other means normally used.
Cannot convey a simple message, such as the presence of a hazard.

7. Understanding communication by—
(a) verbal means (such as hearing or lip reading) alone,
(b) non-verbal means (such as reading 16 point print or Braille) alone, or
(c) a combination of (a) and (b),
using any aid that is normally, or could reasonably be, used, unaided by another person.
Cannot understand a simple message due to sensory impairment, such as the location of a fire escape.

8. Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally, or could reasonably be, worn or used.
At least once a week experiences
(i) loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder; or
(ii) substantial leakage of the contents of a collecting device;
sufficient to require cleaning and a change in clothing.

9. Learning tasks.
(a) Cannot learn how to complete a simple task, such as setting an alarm clock, due to cognitive impairment or mental disorder.

10. Awareness of everyday hazards (such as boiling water or sharp objects).
(a) Reduced awareness of everyday hazards leads to a significant risk of:
(i) injury to self or others; or
(ii) damage to property or possessions,
such that they require supervision for the majority of the time to maintain safety.

11. Initiating and completing personal action (which means planning, organisation, problem solving, prioritising or switching tasks).
Cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions.

12. Coping with change.
(a) Cannot cope with any change, due to cognitive impairment or mental disorder, to the extent that day to day life cannot be managed.

13. Coping with social engagement due to cognitive impairment or mental disorder.
Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the individual.

14. Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder.
Has, on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace.

15. Conveying food or drink to the mouth.
(a) Cannot convey food or drink to the claimant’s own mouth without receiving physical assistance from someone else;
(b) Cannot convey food or drink to the claimant’s own mouth without repeatedly stopping, experiencing breathlessness or severe discomfort;
(c) Cannot convey food or drink to the claimant’s own mouth without receiving regular prompting given by someone else in the claimant’s physical presence; or
(d) Owing to a severe disorder of mood or behaviour, fails to
convey food or drink to the claimant’s own mouth without receiving —
(i) physical assistance from someone else; or
(ii) regular prompting given by someone else in the claimant’s presence.

16. Chewing or swallowing food or drink.
(a) Cannot chew or swallow food or drink;
(b) Cannot chew or swallow food or drink without repeatedly stopping, experiencing breathlessness or severe discomfort;
(c) Cannot chew or swallow food or drink without repeatedly receiving regular prompting given by someone else in the claimant’s presence; or
(d) Owing to a severe disorder of mood or behaviour, fails to—
(i) chew or swallow food or drink; or
(ii) chew or swallow food or drink without regular prompting given by another person in the physical presence of the claimant.

With you being placed in WRAG, whoever looked at your claim decided that you didn't meet with them, so you need to show which ones apply to you and why.

Have you requested a Statement of Reasons from DWP?? If not, then you need to contact them to ask for this and also for copies of all other relevant paperwork relating to your claim, as this is what needs to be used as the basis for your challenges to their decision.

Have you been in contact with anyone such as CAB, DIAL, Welfare Rights or other similar organisations/groups?? If not, you need to do so as they can provide help and assistance with an appeal, from putting your info and evidence into the write sort of phrases and comments thru to going to the hearing with you and acting as your representative. Look online to see who is in your area, or contact your local council as they will be able to give you details of who may be able to help you.

When you receive the Statement of Reasons and other paperworks, you need to go thru it and highlight all the discrepancies, fantasies and garbage it contains, then start to put together the truth. Please remember tho, the appeal is based on how you were when you initially made your claim. So whilst things may have changed for you, additional problems been identified, dx'd etc since then, the panel who will be looking at your appeal may not take this into consideration, so the emphasis needs to be on how you were then rather than how things are now for you.

This pdf has more info about what to do to appeal your decision, you can either read it on here or download it to read at a more suitable time. There will be more in it than I can pull out of my foggy head at the moment.

When you have got all your info and evidence together, you need to send it in to be added to your file ready for consideration for when your appeal is heard. There are backlogs in a lot of places which means it can take months for yours to come up unfortunately.
Attachments
ESA Appeals Guide.pdf
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Re: an upcoming appeal

Postby denys » Sun Nov 10, 2013 2:39 pm

Flup has given you comprehensive advice and so just want to offer support for your appeal :-D :-D :-D :-D
Denys

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