SDA to ESA transfer success

If the DM has disagreed with the Atos HCP’s recommendation that Winterchild’s sister was eligible for the SG on the grounds of Question 1 alone could he have looked at Winterchild’s answer to subsequent questions and reached the same SG conclusion without relevant input from Atos ?

Mari W

hmm... didn't think of that. Thanks.
Cheers.

Hi,

The way the ESA WCA is carried out is as follows.

The HCP will inspect the evidence, ESA50, etc to see first whether the claimant has the minimum requisite 15 points cumulatively across all of :

The WRAG (LCW)Schedule 2 Descriptors

If not, they will then look at whether the claimant qualifies for The WRAG (Has Limited Capability for Work (LCW) ) under The Exceptional Circumstances Rules at :

ESA Reg 29 for entry to The WRAG (LCW)

If the claimant doesn't, they will be found fit for work.

If they do have LCW, it will then be looked into whether they also have Limited Capability for Work Related Activity (LCWRA) in that they fulfill at least one of :

The SG (LCWRA)Schedule 3 Descriptors for entry to The SG.

If not, entry to The SG under The Exceptional Circumstances Rules at :

ESA Reg 35 for entry to The SG (LCWRA)

Will be looked at.

So there are really two tests LCW & LCWRA being carried out consecutively.

Once 15 points (or ESA Reg 29) has been attained for LCW (WRAG) the assessment for LCW tends to stop.

Once one or more of The SG descriptors has been identified, (or ESA Reg 35) (LCWRA) again the assessment stops.

Of course, some but not all, of the highest scoring WRAG descriptors (15 points) also correspond to some of The SG descriptors.

Mobilising (Activity 1.) is one of them.

In reality DM's seldom disagree with an ATOS HCP's recommendation, but if this did occur in an instance where the claimant has evidence that they qualified for the SG under more than one of the SG Activities, and they had provided such evidence, this could be used in an MR.

bro58