Esa wrag?

melbury

Heard from DWP on Friday following my OH's ATOS medical assessment the week before, saying he still qualifies for ESA, but remains in the work related activity group.

I really want to appeal this decision to get him put in the support group, but have been reading that if you do appeal, firstly you have to go back onto the assessment rate of ESA and also they may turn around and say that you are not entitled to anything:eek: This seems grossly unfair and almost as if they are trying to frighten people into not appealing.

So is my understanding correct? I was going to write to them in the next week or so stating why we think he should be in the support group, but must admit this has really put me off trying.

Also, the same day that the letter arrived from DWP, a letter came from Jobcentre Plus saying he has to attend a work focused interview. I wonder if Jobcentre Plus person would be of any help with trying to get him put into the support group?

However, his interview at Jobcentre Plus is more than a month after the DWP letter date, so would it still be possible to appeal after the one month time limit has passed?

I will telephone on Monday to get a copy of the ATOS report.

Mupette

I've been placed in WRAG after being in support for a year and a half, i asked for the appeal form, I would also suggest that you ring them up and ask for the descriptors (tells you what points he got in which sections) , and also the medical form to see what was written on the day about him, take this info and get some support in the appeal.

You have one month from the date on that letter you received Friday (don't use Friday's date)

melbury

So if you appeal to be moved into the support group from the work related group, does it mean you have to go to a tribunal and basically start your claim from scratch?

I thought you just wrote a letter to DWP giving your reasons why you think you should be moved, but someone mentions an appeal form - is there a special form for this procedure?

It all sounds so complicated, perhaps it would just be best to wait until the Jobcentre Plus interview and see what they say. They might even be very helpful.

melbury

skcollobcat10 wrote: »

It will be better to check the report when you get it and then appeal. My friends husband has been told that the appeal could be approx 9 months time and they have been waiting for the report and have not received it yet.

Has your friend's husband been put back on the basic assessment rate while the appeal is going on? This is what I have read can happen and obviously if it drags on for months that is very worrying:eek::eek:

melbury

I think it will be best to wait and go to the Jobcentre Plus interview and see if they can help in any way. Does anybody know if the advisers there are helpful and understanding?

healy

melbury wrote: »

So if you appeal to be moved into the support group from the work related group, does it mean you have to go to a tribunal and basically start your claim from scratch?

I thought you just wrote a letter to DWP giving your reasons why you think you should be moved, but someone mentions an appeal form - is there a special form for this procedure?

It all sounds so complicated, perhaps it would just be best to wait until the Jobcentre Plus interview and see what they say. They might even be very helpful.

The appeal form is called a GL24 - details below. You do not have to use this form if you do not want to as you can write a letter saying you want to appeal and then give your reasons.

http://www.direct.gov.uk/en/Diol1/DoItOnline/DG_4017514

If you do want to appeal as mentioned above you normally have a month to do this so if the interview at the Jobcentre is more than a month after the date on the decision letter it would be best to appeal before then.

Cpt.Scarlet

melbury wrote: »

Heard from DWP on Friday following my OH's ATOS medical assessment the week before, saying he still qualifies for ESA, but remains in the work related activity group.

I really want to appeal this decision to get him put in the support group, but have been reading that if you do appeal, firstly you have to go back onto the assessment rate of ESA and also they may turn around and say that you are not entitled to anything:eek: This seems grossly unfair and almost as if they are trying to frighten people into not appealing.

So is my understanding correct? I was going to write to them in the next week or so stating why we think he should be in the support group, but must admit this has really put me off trying.

Also, the same day that the letter arrived from DWP, a letter came from Jobcentre Plus saying he has to attend a work focused interview. I wonder if Jobcentre Plus person would be of any help with trying to get him put into the support group?

However, his interview at Jobcentre Plus is more than a month after the DWP letter date, so would it still be possible to appeal after the one month time limit has passed?

I will telephone on Monday to get a copy of the ATOS report.

You can ask for a Reconsideration but the success rate is very low, or you can appeal by filling in a GL24 as others have suggested.

If you appeal they will still do the Reconsideration, and if they don't change their mind pass your case onto the Tribunal Service.

While you appeal you will receive the WRAG rate.

The Support Group is not points based, so you will need to show you meet one or more of the criteria. There's a list of these on the Benefitsnow web site.

You should speak to your CAB or someone else who knows about welfare rights, as the the Tribunal will re-evaluate your whole claim, and whilst unlikely, this can mean a loss of your existing ESA benefits.

melbury

But if the adviser we see at the Jobcentre Plus is helpful and considers my OH not fit to work, would it matter if the appeal was after the one month time limit? Surely they could help and provide their own comments to the DWP, couldn't they?

Cpt.Scarlet

melbury wrote: »

But if the adviser we see at the Jobcentre Plus is helpful and considers my OH not fit to work, would it matter if the appeal was after the one month time limit? Surely they could help and provide their own comments to the DWP, couldn't they?

You have four weeks from the date of the decision letter to lodge an appeal, after that you have to show good cause why it is late.

As for Jobcentre offering evidence as to your husbands health, even it happened, the chance of which is virtually zero, their testimony would carry little if any weight with a Decision Maker.

melbury

Is a reconsideration the same as a full blown appeal?

Would it be in order for me to just telephone the DWP and say that we are confused as to why OH has been put in the WRAG when he definitely meets at least one of descriptors for the Support group - i.e. he cannot speak - sort of keep it informal initially and just see what they say.

Sixer

skcollobcat10 wrote: »

Remember its not illnesses or disabilities that they are looking at it is what or how the person can work in an employment environment only.

Is not being able to speak one of the descriptors on the support group criteria? They will look at it as though he is able to walk, he can push a push button phone, he can move his arms etc, etc and probably that is why they have put him in the wrag group.

Up until this month, someone who "cannot speak at all" or whose "speech cannot be understood by strangers" scores 15 points on the test under the descriptors - so would have gone into the support group.

These descriptors changed from March 2011 to "cannot convey a simple message, such as the presence of a hazard" and "has significant difficulty conveying a simple message to strangers".

I don't know if this has significance for the OP, but it might?