Mandatory Review

mw

With regard the report, the DWP will view this as accurate unless you make a formal complaint to ATOS and this results in the report being withdrawn. You should think about doing this if you believe that there are fundamental inaccuracies in it, but it will not be a short process and there is no guarantee of success.

Whilst the current report is viewed as valid you will not be given a new assessment until, at the very least, your case is heard by a Tribunal panel, even then it is unusual for them to order a new assessment, unless the original is discredited.

So whilst there are actions you can take in regard to the medical and I am most certainly not saying to ignore it, you should concentrate on showing why you meet one or more of the Support Group criteria, because it is only by doing this that you will win an award for this.

Can I draw your attention to Bros post, to re-iterate, it is not a walking test, your ability to propel a manual wheelchair is also being considered, so even if you could not walk at all, if you could propel a manual wheelchair 200m you will not score any points. Whether you use or even own a wheelchair is not relevant, providing that the usage is considered reasonable. So, you need to show that you cannot walk or propel a manual wheelchair more than 50m, or cannot do so repeatedly due to significant discomfort or exhaustion, in order to meet the SG Descriptor for Mobility.

I recommend that you go back to the ESA Claim guides so that you can understand what criteria you need to meet to be placed in the Support Group.

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

Gordon

mw wrote: thanks Gordon,

in her ATOS report it states ~ I wouldn't be able to use a manual wheel chair due to my back injury,

when the DM rang a few days ago he said my mobility wasn't in question and I had been awarded 9 points for that section as they realise I wouldn't be able to use a wheel chair due to my disability and they accept I have trouble walking.sitting etc.

ive asked for a review on the descriptors 1.1 and 1.2 that I have difficulty walking even short distances of under 50mtrs which my doctor fully back and is doing me a letter/report.

I told the DM that rang about my doctors support and he said that was a waste of time as the doctors opinion counts for nothing????

im getting the feeling ive just got to accept whats going on and hope for the best

Thank you for qualifying about the wheelchair.

The problem with GP reports is that they approach your limitations from a medical perspective (as you would expect), rather than from the ESA Descriptors, so we often hear of a GP stating that the claimant is unable to work; this is of little value, ESA does not test a claimants ability to work but rather there ability to perform 17 tests. Further a statement of "cannot work" is of no value whatsoever when appealing to the SG from the WRAG as the claimant has already been found Unfit for Work, the proper test is for Work Related Activity.

You need your GP to refer to the exact wording of the ESA Descriptors and explain why you meet those criteria and from what conditions, but be careful not to put words in their mouth, as this could be seen as reducing the validity of the report.

Decision Makers do overturn Decision during the Reconsideration stage, but it is not frequent, if your case goes to Tribunal then it will be looked at afresh and your medical evidence will treated with equal value to anything that the DWP has used.

Gordon