- Posts: 88
× Members
ESA Question
- knockveiw
- Topic Author
- Offline
Less More
10 years 7 months ago - 10 years 7 months ago #125143 by knockveiw
ESA Question was created by knockveiw
Hi I have been looking your site for the Descriptors re ESA and I can not find them,could you tell me where to find them please.
Also as you know from my mail I have been put into wrag, would one do them selves any harm by asking for an explanation of the decision as to why,if putting in for a mandatory reconsideration before hand.I think these decision should be put out as standard pratice,to show the people (save a lot of hassle)
If a GP writes out a letter as supporting evidence re all the health condition a person. Has, that person to link their problems with what the DWP class as descriptors.
Thank you for your help,sorry to be a pain,but I just need to be sure before I get things ready to present to DWP for a mr
Also as you know from my mail I have been put into wrag, would one do them selves any harm by asking for an explanation of the decision as to why,if putting in for a mandatory reconsideration before hand.I think these decision should be put out as standard pratice,to show the people (save a lot of hassle)
If a GP writes out a letter as supporting evidence re all the health condition a person. Has, that person to link their problems with what the DWP class as descriptors.
Thank you for your help,sorry to be a pain,but I just need to be sure before I get things ready to present to DWP for a mr
Last edit: 10 years 7 months ago by Gordon.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51284
10 years 7 months ago #125144 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Question
knockveiw
Can I first pick up on one of your comments, it may just be the way you have phrased it, "what the DWP class as descriptors". The ESA Descriptors are defined in legislation and all claimants are assessed against them, whilst some of the Descriptors are open to a limited degree of interpretation, most are very specific as to how the claimant must comply.
The ESA Descriptors and in particular the ones that apply for the Support Group are in the ESA Claim guides, there is a section labelled "Three Ways to get into the Support Group".
www.benefitsandwork.co.uk/help-for-claimants/esa1
There should be no issue with you asking for a Statement of Reasons from the Decision Maker in regard o your MR, the DWP MR process makes frequent reference to claimants having the right to do this, it will be interesting to see what they produce as historically the DWP have had problems producing this document.
If your GP is willing then they can certainly write a letter of support, as you are already in the WRAG any comments about your ability to work will be of little value as you are already classed as Unfit for Work, so they need to address the ESA Support Group Descriptors wherever possible to be seriously consider by the DM.
Gordon
Can I first pick up on one of your comments, it may just be the way you have phrased it, "what the DWP class as descriptors". The ESA Descriptors are defined in legislation and all claimants are assessed against them, whilst some of the Descriptors are open to a limited degree of interpretation, most are very specific as to how the claimant must comply.
The ESA Descriptors and in particular the ones that apply for the Support Group are in the ESA Claim guides, there is a section labelled "Three Ways to get into the Support Group".
www.benefitsandwork.co.uk/help-for-claimants/esa1
There should be no issue with you asking for a Statement of Reasons from the Decision Maker in regard o your MR, the DWP MR process makes frequent reference to claimants having the right to do this, it will be interesting to see what they produce as historically the DWP have had problems producing this document.
If your GP is willing then they can certainly write a letter of support, as you are already in the WRAG any comments about your ability to work will be of little value as you are already classed as Unfit for Work, so they need to address the ESA Support Group Descriptors wherever possible to be seriously consider by the DM.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: knockveiw
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David