Help in wrag as examiner didnt do their job!

Hello l have recently joined B&W and would really like some advice.
I recently had a medical with ATOS and was placed in the work related ESA group. I asked for a copy of the medical report ESA 85 and the examiner (a nurse) states that she carried out a physical examination - she didn't!
Her 'findings' and those of my mdical team are totally different.
As l have been placed on work related ESA because she didn't do her job, l should appeal, but l'm worried about DWP's response, as l have read that its easier to lose the esa award in the wr group
Any advise would be of great help.
Thank you

auraura wrote: Hello l have recently joined B&W and would really like some advice.
I recently had a medical with ATOS and was placed in the work related ESA group. I asked for a copy of the medical report ESA 85 and the examiner (a nurse) states that she carried out a physical examination - she didn't!
Her 'findings' and those of my mdical team are totally different.
As l have been placed on work related ESA because she didn't do her job, l should appeal, but l'm worried about DWP's response, as l have read that its easier to lose the esa award in the wr group
Any advise would be of great help.
Thank you

Hi aa,

Welcome to Benefits and Work

It is not uncommon to see "Errors" in an ATOS ESA85 Medical Report.

Although pointing out any "Errors" may help to discredit The Med Report, the only way to gain access to The SG is to reiterate how and why you qualify for it.

This could be by fulfilling at least one of : The SG (LCWRA)Schedule 3 Functional Descriptors

Or, if none of those are applicable by way of The Exceptional Circumstances Rules under : ESA Reg 35 for entry to The SG (LCWRA)

See : Qualifying for the Support Group

I would also review our : ESA Claims Guides

There is always some risk involved when challenging an adverse decision , but if you do decide to challenge the WRAG award you must do so in writing within one month of the date of The WRAG Decision Notice letter.

You would first have to request a Mandatory Reconsideration (MR) of The WRAG Award.

This process is explained in our : ESA MR/Appeals Guidance.

See also : Mandatory Reconsiderations Explained

&

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

Please reply to this post if you have further queries.

bro58

Thank you for the information, bro58!