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ESA advice needed

Alleybolton444Alleybolton444 Posts: 6Member Listener
Good morning, I'm new here and need some advice.
I have MS and after working in the NHS for 16 years have had to give up mu job due to ill health.
I am currently receiving PIP low rate daily living and enhanced mobility. I also have a blue badge.

I applied for ESA and have been on my assessment. I have received a copy of the medical report and have been placed in the WRAG. The problem is I believe I should have been placed in the Support group.

The assessor has written:

Mrs Bolton has MS and is under a neurologist and MS nurse. She takes neuropathic pain and medication.
History shows she is pushed in a wheelchair for outdoor distances due to her widespread pain and fatigue. She reports she is sleeping for 2-3 hrs per day due to her fatigue. She reports increased neuropathic pain and fatigue after attending appointments. She is helped daily by her mother with washing and dressing tasks due to pain and fatigue. The most she is able to walk is 10-20 metres very slowly with walking sticks limited by her widespread pain and fatigue levels. She needs physical assistance to manage the stairs safely. She politely declined the physical examination, however on observation she walked 10 metres very slowly and stopped for a few minutes due to pain and fatigue levels. Given the evidence of her widespread pain and fatigue, she would not be able to reliably or repeatedly use a self propelling wheelchair for mobilising. Severe disability likely in mobilising.
The available evidence suggests review in the medium term.
She may improve with further treatment, support and therapy from the MS team in the medium term.

I advise that the client meets the criteria for Limited Capability for work Related Activity as they have a severe functional disability.

Appearance: looks tired
General health: unwell
Cognition: needs prompting 
Mental state: poor
Observed behaviour: walked 20 metres very slowly with 2 walking sticks to the examination room. She stopped after 10 metres of walking for a few minutes due to widespread pain and fatigue.

I am so upset, can anyone advise how I appeal and if I have any grounds to do so? I was lead to believe it was the descriptor that you needed to get (not being able to mobilise repeatedly/safely) and not the score of points, but I have never claimed anything before so I'm out of my depth!

Thank you in advance 

Replies

  • Antonia_ScopeAntonia_Scope Posts: 1,334Member, Administrator Scope community team
    edited January 16
    Hi @Alleybolton444 ;

    Welcome to the community and thank you for sharing this with us. I'm sorry to hear you are upset about this. You may find this information useful to appeal, from the Citizens Advice 
  • Alleybolton444Alleybolton444 Posts: 6Member Listener
    Thank you for your kind response, am I right in thinking I would qualify for the support group based on the mobility information?

    Kindest wishes
  • Pippa_ScopePippa_Scope Posts: 5,858Member Brian Blessed
    Hi @Alleybolton444, and welcome!

    Unfortunately nobody can predict what your entitlement will be, but we're wishing you all the best for your appeal. Please do keep us updated and feel free to ask any questions about the process, and we'll do our best to advise.

    How to ask for mandatory reconsideration

    You can use the CRMR1 mandatory reconsideration request form on GOV.UK - or you can just call or write a letter, using the contact details on your decision letter.
    It’s better to ask in writing because then you can keep a copy of your form or letter for yourself. However, if you're getting close to the deadline, it's best to phone first and then confirm your phone call in writing.
    Make a note of date and time and the person you've spoken to, and send a letter to confirm this as soon as you can.
    You have 1 month from the date of the decision to ask for mandatory reconsideration. You'll find the date at the top of the letter that told you the decision.

  • poppy123456poppy123456 Posts: 8,455Member, Community champion Brian Blessed
    Hi,

    Have you had the decision yet? Based on that report limited capability for work related activity (LCWRA) is the equivalent of the Support Group. If it was WRAG it would be limited capability for work (LCW)
  • Alleybolton444Alleybolton444 Posts: 6Member Listener
    Hi there,

    No this was information taken off the medical report, I just assumed that’s what it was  as I’ve never claimed before - was trying to plan ahead if I needed to appeal! 

    Thanks for replying

  • poppy123456poppy123456 Posts: 8,455Member, Community champion Brian Blessed
    No problem. You'll have to wait for the decision but they mostly go with the report, it's rare to go against it. Support Group is an extra £37.65 per week, paid from the 14th week of your claim. If the decision took longer than this and it's support group, you'll be back dated the extra money.
  • Alleybolton444Alleybolton444 Posts: 6Member Listener
    Thank you so much, 

    So based on the information above have I’ve mis understood it and it *should be support group?....
  • poppy123456poppy123456 Posts: 8,455Member, Community champion Brian Blessed
    Yes, you've misunderstood it. It says..... I advise that the client meets the criteria for Limited Capability for work Related Activity and this is Support Group. WRAG would be Limited capability for work, which is different.
  • Alleybolton444Alleybolton444 Posts: 6Member Listener
    Poppy123456 Thank you ever so much for all your help, obviously I’ll wait for the letter, but that’s put my mind at ease......
  • poppy123456poppy123456 Posts: 8,455Member, Community champion Brian Blessed
    You're very welcome. Good luck but i'm sure everything will be fine. I've never had a decision where they've gone against the report.
  • Alleybolton444Alleybolton444 Posts: 6Member Listener
    Thank you all for your messages I did misunderstand and I got Support for 18 months...Thank you again 
  • AlexNYAlexNY Posts: 17Member Listener
    edited February 11
    Hi, I'm Alex

    I have been dealing with the DWP myself while out of work due to a large corrective operation. I was signed off for 6-8 months by the team looking after me and gave all evidence concerning the issue to the DWP. I was sent for an assessment and have since learned that the assessor had repeatedly lied and had made assumptions on the assessment.
    This is a breach of the Nurses Code of Conduct, is a dismiss-able offence and can be considered fraud in some cases. 
    This is a gross neglect of anybody in a situation like many are by the DWP and this needs to change.
    I have been in contact with a reporter from a nation news channel who is collecting stories like yours and mine to make a detailed report on what is happening to people like you that need help.
    These companies that run the assessments are a profit based company working for the DWP, this is what your tax money has been paying for.
    If you would like to tell your sorry I can forward you on to this reporter so she can gather information so we can stop this from happening.
    [removed by moderator]

    I am just someone, like you, who has witnessed first hand the state of the DWP and has decided to join the fight.
    Please get in contact, the more stories we have the more chance we have to fight this.

    Good luck
    Alex
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