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Non-appealable decision

axwy62axwy62 Posts: 129Member Pioneering
I was awarded suppport group for 2 years. DWP say I can't ask for mandatory reconsideration of the 2 years as it's not an appealable decision.

Non-appealable decisions are listed in annex E of volume 6 (06041) but I can't find anything relevant there.

Can anyone suggest how I proceed? 

The decision was based solely on an ESA85A which only considered one descriptor as the decision maker for some reason did not have access to any of the medical evidence or my ESA50. I actually meet 4 support group descriptors and should meet the severe conditions criteria.

Replies

  • Badgerfreedom60Badgerfreedom60 Posts: 21Member Connected
    If I were you I'd contact my MP and ask them to sort it out for you, this is what they're paid to do 
  • axwy62axwy62 Posts: 129Member Pioneering
    Unfortunately my MP is of the opinion that all sick and disabled are a drain on society and should be left to starve.
  • poppy123456poppy123456 Posts: 15,083Community champion Disability Gamechanger
    Hi,

    I believe the award length of time is appealable but you'll need expert advice regarding this one. I know you say that your conditions won't improve but there's a lot of people exactly like that who haven't been placed into the severe conditions group. Expert advice is definitely needed here.
  • axwy62axwy62 Posts: 129Member Pioneering
    I'm not that bothered about the severe conditions thing, I just can't bear any more assessments at such short intervals - I've had 8 in the last 10 years for ESA, PIP and DLA and not once have my benefits been reduced. Given my age (56), I'd probably be happy with 5 years, meaning no more than 2 more ESA assessments before I can claim my pension.

    I'm wondering if I should just appeal the whole decision on the grounds that I should have scored points in (many more) descriptors than just the one mentioned in the ESA85A.

    As a side note, I only got to know about the decision at all by accident, DWP haven't bothered to inform me properly, nor have they informed me of the outcome of the mandatory reconsideration, it was just mentioned in passing that they wouldn't look at it because prognosis isn't open to reconsideration. As such, I can't actually appeal anyway as I cannot provide the outcome of the mandatory reconsideration (or even a copy of the original decision).
  • poppy123456poppy123456 Posts: 15,083Community champion Disability Gamechanger
    Being placed into the Support Group isn't about scoring points, it's about satisfying at least one of the Support Group descriptors. As you've done exactly this then there's not much else you can do to be honest.

    Bare in mind also for ESA they can re-assess you anytime from 3 months, so a length of award time given is irrelevant really, unless you're placed into the severe conditions group and then all future re-assessments are turned off.
  • axwy62axwy62 Posts: 129Member Pioneering
    It seems wholly unfair that a DM can make a decision based on only a fraction of the evidence (though we all know or at least suspect it wouldn't have made any difference if he'd had all of it) but I can do nothing about it even though it means I'll have to jump through all the same hoops again in about 2 years. I've complained, but DWP once again say I'm support group so who cares about the quality of the HCP's report or the prognosis and I really can't be bothered to go to the Independent Case Examiner again only to be told they can't consider either complaint as I should have appealed even though, once again, DWP have told me I can't appeal.
    Can anyone suggest a welfare rights organisation in Dorset who might be able to help?
  • poppy123456poppy123456 Posts: 15,083Community champion Disability Gamechanger
    I'm really confused as to what exactly you're trying to achieve here because you said you're not bothered about the severe conditions group. You're already in the Support Group, regardless of how you got there and how many descriptors applied to you.

     Even if you did appeal the decision they can still re-assess in another 3 months. The only way to stop this is to be placed into that severe conditions group. Not many people have been placed into this group, as far as i know.
  • axwy62axwy62 Posts: 129Member Pioneering
    I should have said I'm not bothered about severe conditions if I could get a more reasonable prognosis.

    Basically I'm sick to death of being hassled and harassed by a system which seems to rely on wholly inaccurate reports and unrealistically optimistic prognoses - the process of going through the assessment has now twice put me in hospital because the stress has caused a flare in my condition but no one seems to be accountable for this. DWP say I can't appeal, and complaints to the assessment provider just end up with ICE who says I should have appealed.

    The medical evidence I submitted this time included another unequivocal statement from my neurologist that there is nothing more he or anyone else can do to improve my mobility and I will always need to use a powered wheelchair indoors and out as well as confirming that a few more embarassing issues are permanent. This information cost me money I can ill afford and has been entirely ignored, again.

    If this continues I can look forward to another ESA or PIP assessment approximately every 18 months until I retire, which would probably kill me. One or two more ESA assessments would be of no benefit to anyone but would probably be bearable, 5 or 6 more is not only pointless but damaging and whilst I know the prognosis isn't binding, DWP do tend to follow it most of the time. I almost wish they'd put me in the WRAG so I could appeal!!

    Sorry if this sounds like a rant, it definitely isn't personal but just a reflection of my frustration.
  • poppy123456poppy123456 Posts: 15,083Community champion Disability Gamechanger
    I totally understand your frustration, really i do. There's a lot of people who feel exactly the same way, myself included. With ESA you really never know when that form will arrive, purely because of the 3 month rule. Some are re-assessed every 6 months. I just think that because you're not bothered about the severe conditions group then appealing the decision is rather pointless because you're already in the Support Group.
  • CockneyRebelCockneyRebel Posts: 5,250Community champion Disability Gamechanger
    Unless you appeal and are placed in the severe conditions group, ESA can still review at any time, you may get a recommendation of 5 years but it is not worth the paper it is written on.
    PIP on the other hand is a finite award and you can expect a reveiw 12 months before the end date
    Be all you can be, make  every day count. Namaste
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