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Are there other documents outstanding?

  • del
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11 years 9 months ago - 11 years 9 months ago #109408 by del
Received copy of ESA85A (no face to face medical assessment). Also attached DM very basic general breakdown of why I was placed in WRAG, very vague other than stating that I scored 15 points from appropriate descriptors. DM states physical conditions do not meet descriptors in Schedule 3. I requested all information in relation to the decision but the above is the only documents that I received.

Does the DM complete a document in which they justify their reasons as to why I do not meet descriptors in Schedule 3 and also what the appropriate descriptors are that I scored 15 points?

It is difficult for me to form evidence for appeal when I do not have any indepth information as to what the reasons and descriptors are B)
Last edit: 11 years 9 months ago by slugsta.

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11 years 9 months ago #109411 by slugsta
Replied by slugsta on topic Are there other documents outstanding?
The quality of the documentation supplied is often very poor, it is not unusual for the claimant to feel none the wiser when they have seen it!

This explains the forms that can be generated, I would certainly expect that there should be an LT54 assiicoated with your claim

ESA Forms

Don't forget that the crux of your appeal is to clearly show how you meet the Support group descriptors and you should concentrate on this rather than specifically discrediting the ESA85a or Decision Maker's report.

Qualifying for the Support Group

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • del
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11 years 9 months ago #109417 by del
Replied by del on topic Are there other documents outstanding?

Mrs Hurtyback wrote: The quality of the documentation supplied is often very poor, it is not unusual for the claimant to feel none the wiser when they have seen it!

This explains the forms that can be generated, I would certainly expect that there should be an LT54 assiicoated with your claim

ESA Forms

Don't forget that the crux of your appeal is to clearly show how you meet the Support group descriptors and you should concentrate on this rather than specifically discrediting the ESA85a or Decision Maker's report.

Qualifying for the Support Group


Thanks Mrs Hurtyback. Yes, I am concentrating basing my appeal on how and why I feel I should meet the Support Group descriptors and not discrediting the ESA85a or Decision Maker's report. I have realised from all the useful information on this site and past experience to let the anger go regarding bad reports and outcomes and concentrate on why I think I should qualify for whatever benefit. I am just interested to know which descriptors and what their reasons were for those descriptors.

Thanks again for helping.

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11 years 9 months ago - 11 years 9 months ago #109437 by Billy
Replied by Billy on topic Are there other documents outstanding?
Hi Del
Do not dwell on the reasons, or which descriptors the Dm did not give you, he has stated that you do not meet the descriptors you are after,so that is gone.
Its up you to to explain how you do meet the criteria for the support group and explain your limitations and restrictions rather than your condition
You also stated it is difficult for you to form evidence without indepth evidence from the DM, I do not agree with that
The evidence you provided is all the indepth evidence you will need, once you start explaining your limitations and restrictions you will find plenty to say
You can also qualify for the support group under Reg 35 `are you a substantial risk to your health or someone else`s health if you are compelled to take part in WFI's or WRA.

Mod Edit : Hi B, I edited the last line of your post as a correction.
Last edit: 11 years 9 months ago by . Reason: Edited last line from "work" to WFI or WRA.
The following user(s) said Thank You: del

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11 years 9 months ago #109438 by Billy
Replied by Billy on topic Are there other documents outstanding?
Thanks Bro

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  • del
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11 years 9 months ago - 11 years 9 months ago #109526 by del
Replied by del on topic Are there other documents outstanding?

Bud wrote: Hi Del
Do not dwell on the reasons, or which descriptors the Dm did not give you, he has stated that you do not meet the descriptors you are after,so that is gone.
Its up you to to explain how you do meet the criteria for the support group and explain your limitations and restrictions rather than your condition
You also stated it is difficult for you to form evidence without indepth evidence from the DM, I do not agree with that
The evidence you provided is all the indepth evidence you will need, once you start explaining your limitations and restrictions you will find plenty to say
You can also qualify for the support group under Reg 35 `are you a substantial risk to your health or someone else`s health if you are compelled to take part in WFI's or WRA.

Mod Edit : Hi B, I edited the last line of your post as a correction.


Thanks Bud for your input it is appreciated. After being totally confused I am beginning to get to grips with what I need to put together and realise I really have to justify my reasons based on as you say my limitations and restrictions and also why I feel I also think Reg 35 should apply.
Last edit: 11 years 9 months ago by Gordon.

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