ESA Appeal

Hello.

I am currently on ESA in the Work group and appealed straight after the decision was made. I have been waiting for my MS nurse to send me a letter as a way of supporting me, she eventually (after reminding a few times) sent it to me this week. I was about to send it off but i had a pack back from them stating that my appeal had failed and was being sent to the tribunal. I am fairly confused by all the stuff they have sent and what they said, to be honest.

To quote:
Having considered teh available evidence, the decision maker has decided that I have scored 15 points from the appropriated descriptors and has a limited capability for work.

I thought i had to score 15 or more to be placed in the support group.

At the time of my assessment, before the new scoring came in I scored (according to their included score sheet) 39 points. 9 for walking, 15 for standing/sitting, 9 for bending and 6 for manual dexterity.

I just don't understand.

Can anyone help me?

Is it worth sending the letter in to them now or shall i take it to the tribunal when i get a date?

Thank you in advance, Lorraine

Hi, Lorraine

When you send in an appeal, a 'decision maker' (DM) at the DWP re-examines the decision. They can change it at that point OR send it through to the tribunal service. So your appeal hasn't failed, it's just moved on to the next stage of the process.

Apparently it's quite rare for the DM to change the decision at this point. I wrote a comprehensive explanation - about 6 sides of A4 typed - which friends helped me get clear and rant-free. I also sent in a second doctor's letter much more explicit than the first. Result: I've just heard my appeal has still been passed to the Tribunal Service (even tho' I gave the DM loads of good evidence to support a change).

What I'm saying is that being sent through to tribunal doesn't signify much!!!

Re: criteria for Support Group. Have you looked at the guides available in the members area? It's all explained very well there.

Re: when and how to send in supporting evidence. Again the ESA Appeal Guide in the members area is very useful on this.

Good luck!
Andy.

Thank you for your reply.

I realise i haven't failed in my appeal, just that it's been passed on to the tribunal stage.

WHat i am confused about is that they state that i was awarded sufficient points to be placed in the support group so i don't understand why i wasn't. I originally scored 39 points and the review rescored me (on the new points scoring) with 15. Surely i should be in teh support group.

It is this i am really confused about.

Please refer to pages 24-26 in the guide entitled "Understanding Employment and Support Allowance" in the ESA resources.

lollo wrote:

Thank you for your reply.

I realise i haven't failed in my appeal, just that it's been passed on to the tribunal stage.

WHat i am confused about is that they state that i was awarded sufficient points to be placed in the support group so i don't understand why i wasn't. I originally scored 39 points and the review rescored me (on the new points scoring) with 15. Surely i should be in teh support group.

It is this i am really confused about.

points mean nothing other than passng the ESA you could have 99 points and be in the work group and you could have just 15 and be in the support group