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mandatory reconsiderations
- Suz
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10 years 7 months ago #125491 by Suz
mandatory reconsiderations was created by Suz
My stomach is doing summer saults and I'm working myself up as I have had a voicemail from DWP regarding the mandatory reconsideration I have put in. I have had a real bad couple of days with my pain and have laid up in bed, taking extra amitryptaline in the day to get some relief, hence im sleeping more.
I'm I have degenerative spondylolisthesis, sacroiliac joint dysfunction and degenerative disc disease (DDD). I had a three tier spinal fusion and laminectomy in November 2012 followed by corrective spinal surgery and a sacroiliac joint fusion in May 2014. I live with chronic pain day in day out which is a struggle but in addition to my pain I have severe walking difficulty because of my pain and can not walk unaided, I use a crutch or wheelchair.
I attended an atos medical on the 14th August, I passed the assessment and was placed in the WRAG which means that I don't get any esa as I was contribution based and the entitlement was only for a year. They advised I should be reassessed in 12 months. I only score 6 in the assesment which was from being unable to sit/stand for long periods but I am flummoxed as to how I scored 0 on mobility. When I questioned the DWP over the phone about my o points for mobility they replied with the statement that "you can push your self in a wheel chair, so there's no problem with your mobility. My GP and consultant have both written a letter confirming that there is no way I would be able to push myself in the wheelchair because of my pain (my pain radiated up as far as my shoulder blade)
They acknowledged on the bottom of the atos report that I have problems with my lower limbs and the strength in my legs has been majorly affected and this was evident in the physical examination the ATOS assessor done.
I am going to see if I can find a phone number for the DWP in wembly. They have said in the message my file was being passed to the decision maker but they were going to call again within 24 hours failure to get hold of me will result in them making a decision without speaking to me.
I am sitting here like a nodding dog typing this and nodding of to sleep. But need someone to help and say it's going to be ok, it's awful living with chronic pain day in day out and then got to fight tooth and nail to prove to the DWP.
I'm I have degenerative spondylolisthesis, sacroiliac joint dysfunction and degenerative disc disease (DDD). I had a three tier spinal fusion and laminectomy in November 2012 followed by corrective spinal surgery and a sacroiliac joint fusion in May 2014. I live with chronic pain day in day out which is a struggle but in addition to my pain I have severe walking difficulty because of my pain and can not walk unaided, I use a crutch or wheelchair.
I attended an atos medical on the 14th August, I passed the assessment and was placed in the WRAG which means that I don't get any esa as I was contribution based and the entitlement was only for a year. They advised I should be reassessed in 12 months. I only score 6 in the assesment which was from being unable to sit/stand for long periods but I am flummoxed as to how I scored 0 on mobility. When I questioned the DWP over the phone about my o points for mobility they replied with the statement that "you can push your self in a wheel chair, so there's no problem with your mobility. My GP and consultant have both written a letter confirming that there is no way I would be able to push myself in the wheelchair because of my pain (my pain radiated up as far as my shoulder blade)
They acknowledged on the bottom of the atos report that I have problems with my lower limbs and the strength in my legs has been majorly affected and this was evident in the physical examination the ATOS assessor done.
I am going to see if I can find a phone number for the DWP in wembly. They have said in the message my file was being passed to the decision maker but they were going to call again within 24 hours failure to get hold of me will result in them making a decision without speaking to me.
I am sitting here like a nodding dog typing this and nodding of to sleep. But need someone to help and say it's going to be ok, it's awful living with chronic pain day in day out and then got to fight tooth and nail to prove to the DWP.
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- Gordon
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10 years 7 months ago #125497 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic mandatory reconsiderations
SB
Welcome to the forum
I've moved your post to it's own topic so that it does not confuse other members.
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
I would suggest that you have a look at our ESA MR & Appeal guide it has details of the process that you are going through and what happens next.
www.benefitsandwork.co.uk/help-for-claimants/esa1
I am afraid it is impossible for us to predict the outcome of any Decision process, if your have provided compelling evidence that you cannot self propel a wheelchair then this should be something that the DM will consider, but the DM is not medically trained and may not apply the correct weight to the information.
You mention that you were placed in the WRAG but then go on to say that you only scored 6 points from the assessment, if you have been placed in the WRAG then you will have scored 15 points, if this is your current status then it would be worth finding out where the extra 9 points were scored, your issue with the Mobility Descriptor may not be whether you score points, but one of degree, which may require a different approach.
Following on from your potential WRAG placement, you say that your ESA(CB) is no longer in payment have you checked to see whether you are eligible for Income Related ESA. ESA (IR) ) is dependant on your household income, assets and savings and any hours that a partner works.
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
If you have any further questions, please reply to this post and we will do our best to help.
Gordon
Welcome to the forum
I've moved your post to it's own topic so that it does not confuse other members.
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
I would suggest that you have a look at our ESA MR & Appeal guide it has details of the process that you are going through and what happens next.
www.benefitsandwork.co.uk/help-for-claimants/esa1
I am afraid it is impossible for us to predict the outcome of any Decision process, if your have provided compelling evidence that you cannot self propel a wheelchair then this should be something that the DM will consider, but the DM is not medically trained and may not apply the correct weight to the information.
You mention that you were placed in the WRAG but then go on to say that you only scored 6 points from the assessment, if you have been placed in the WRAG then you will have scored 15 points, if this is your current status then it would be worth finding out where the extra 9 points were scored, your issue with the Mobility Descriptor may not be whether you score points, but one of degree, which may require a different approach.
Following on from your potential WRAG placement, you say that your ESA(CB) is no longer in payment have you checked to see whether you are eligible for Income Related ESA. ESA (IR) ) is dependant on your household income, assets and savings and any hours that a partner works.
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
If you have any further questions, please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Suz
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- Suz
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10 years 7 months ago #125502 by Suz
Replied by Suz on topic mandatory reconsiderations
Thanks for the heads up I have amended my profile thank you. When I had the original phone call they told me that I no longer qualified for esa as I only had 6 points only to have a phone all back later stating that they had made an error as they missed the comments on the report. Even though I only had 6 points the Atos assessor commented in the last section of the report that I wasn't fit for work with my current state of health and should be reviewed in 12months. Therefore I needed to be placed in one of the groups, DWP chose to put me in WRAG. I have submitted a letter from my gp and consultant both quite clearly state how poor my mobility is and how I am unable to push myself in a wheelchair because of the pain. I didn't say in my original report but I have made the DWP that am undergoing further scans etc one was Tuesday this week (CT scan ) and MRI tomorrow.
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- Gordon
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10 years 7 months ago #125506 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic mandatory reconsiderations
Suz
If they have placed you in the WRAG, then this raises a number of issues that you need to consider.
First, your placement will have been the result of three potential decisions by the DWP Decision Maker, either they have (1) increased the 6 points you scored for Standing and Sitting to 15 points, (2) scored you 9 points or more for other Descriptors, or (3) decided you met the Regulation 29 criteria that your working would be a danger to yours or others health.
Secondly, if you are challenging the WRAG placement then you need to show that you meet one of more of the SG criteria.
Qualifying for the Support Group
If the 9 points were for the Mobility Descriptor then the argument is no longer whether you should score points but is rather how many points you should score, this may require a different approach to presenting your evidence.
If you have not already done so, make a request for all of the documents used in the Decision, this will include the ESA86 assessment report produced by ATOS.
ESA medical – what forms to ask for?
Gordon
If they have placed you in the WRAG, then this raises a number of issues that you need to consider.
First, your placement will have been the result of three potential decisions by the DWP Decision Maker, either they have (1) increased the 6 points you scored for Standing and Sitting to 15 points, (2) scored you 9 points or more for other Descriptors, or (3) decided you met the Regulation 29 criteria that your working would be a danger to yours or others health.
Secondly, if you are challenging the WRAG placement then you need to show that you meet one of more of the SG criteria.
Qualifying for the Support Group
If the 9 points were for the Mobility Descriptor then the argument is no longer whether you should score points but is rather how many points you should score, this may require a different approach to presenting your evidence.
If you have not already done so, make a request for all of the documents used in the Decision, this will include the ESA86 assessment report produced by ATOS.
ESA medical – what forms to ask for?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Suz
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- Suz
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10 years 7 months ago - 10 years 7 months ago #125626 by Suz
Replied by Suz on topic mandatory reconsiderations
I have just telephoned chasing my mandatory reconsideration and goodnews (for once) my decission has been overturned. I am now in the support group just waiting for the paperwork and hopefully my backpayment. Thank you for your support
Last edit: 10 years 7 months ago by .
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- slugsta
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10 years 7 months ago #125628 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic mandatory reconsiderations
That's great news Suz!
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Suz
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