IS > ESA WRAG appeal - Passed WCA on scutiny no descriptors identified by DM

I’m looking through some papers for a case like this at the moment.  The Decision Maker has put together some descriptors that may or may not apply in the case (they certainly don’t look anything like the ones I thought applied, but I may have been prejudiced by meeting the appellant).

The DM makes the comment on the scoring supplied : ‘Somewhat constructed using…ESA50.  No scoring done by ATOS.  Scoring done by DM in line with recent guidance - Gatekeeper Memo S99 at request of Tribunal Service’.

But when I googled ‘gatekeeper memo s99 tribunals service’ I was disappointed, sad to say.

Or it could be Gatekeeper Memo 599, at a push.

Just thought I would give an update…

I wrote to FtT asking them to direct the DWP to comment on descriptors etc and DWP basically said nothing (well nothing different to their ‘significnt disability’ blah, blah, blah) on this basis and in light of the fact that there was no medical assessment and no evidence to support the DWPs position I submitted a short submission confirming the evidence showed LCWRA re; Sch.3 descriptor 1 and requested a paper hearing.

FtT - appeal allowed and Client in SG and rightly so given that DWP could provide no evidence to challenge the decision and had not made out their case or responded in a helpful way to the FtT direction.