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medical appeal but in the meantime .......??

Hi

Hope someone can give me some help as I am feeling very stressed (as I know a lot of others are)

Following my medical about a fortnight ago, I received a letter last Thursday, informing me that I have been placed in the Work Support group. Cant say was totally surprised. But knowing from my friends experience, that this involves a few interviews to see how the jobcentre can help you (which in reality is covering all bases so when they do chuck you back in with everyone else, they can say they have done all they can (!) to help your particular health issues) I am fully intending to appeal the decision, as I know in my case with severe depression and anxiety and not having worked for several years, throwing me into the system again will not prove helpful for me, as you are not dealing with people who are in any way understanding or empathic and simply want you off their books, to attain targets.

As stated on the letter, I rang to obtain a statement of reasons. I was told that this should be been sent out, and if I hadnt received it by next (this coming) Friday, to call again! Tomorrow will be exactly one week since the letter sent out was dated (2/8/11) and you have a month to challenge the decision.

It mentions by that being placed in the work support group, you will be called in for interviews presumably at the job centre to 'discuss' your condition.

(1) Was I been spun a line in being told that the statement of reasons would (seemingly) be sent out automatically? If this is the case why put on the letter you have to ring up, which was stressful for me (and others)

(2) If in the meantime of waiting for the statement of reasons to come I get an interview letter, which wouldnt surprise me if they manage to get this out before the statement of reasons(!) would I have to attend, based on (a) the enormous stress this would cause me, whether they believe what I said in the medical or not and (b) the fact that I most probably intend to appeal?

(3) What do I do initially as I understand you challenge the decision, and then, as is likely after they look at it again, they maintain the original decision, then you go to appeal? Is there a form for the challenge of the decision or just for the appeal? I know theres a GL24 form you have to fill in for one of them.

(4) What kind of 'evidence' if you like would they take seriously? I doubt my GP letter if I asked for one would be very enlightening as they are totally unsupportive and uninterested judging by previous times dealing with them, my friend has offered to do a statement on how I am, I am currently seeing a counsellor, I am on medication. Unfortunately I dont live with anyone, have no family, rarely see the three friends I have due to their commitments so feel totally on my own in proving how I am and finding out what to do, who to approach.

Sorry if rambling on too much, any help would be appreciated thank you
«1

Comments

  • Anubis_2
    Anubis_2 Posts: 4,077 Forumite
    Can you state exactly what the letter says about the Group? There is the WRAG - where you attend interviews, and the Support group (LCW) where you do not need to,

    What exact letters/words does it state about the group you are in, as it sounds like you ***may*** be in the Support group from you stating "work support group" which is different altogether than the WRAG.
    How people treat you becomes their karma; how you react becomes yours.
  • donnydiva
    donnydiva Posts: 109 Forumite
    its the one where you have to attend the interviews :-( I havnt the actual letter on me, and Im typing in the library at minute, due to not having internet at home, but at first I did think it was the support group where the help is voluntary but Im 98% certain its the one where they say they will be in touch about interviews, and Im sure it says that if you do not attend your money will be affected, etc etc
  • Anubis_2
    Anubis_2 Posts: 4,077 Forumite
    Hi Donna, ok if you are sure it is the WRAG then someone can answer your questions. I do not claim ESA so would not be able to answer them properly to the depth you want.
    How people treat you becomes their karma; how you react becomes yours.
  • donnydiva
    donnydiva Posts: 109 Forumite
    ok Anubis thanks, hopefully someone will respond, as I feel totally desperate and on my own, and its preying on my mind. Ive got visions of them asking me to go to the jobcentre before I have stated I am appealing, and having dealt with the medical process, the thought of that on top doesnt bear thinking about.

    As I say when I got the letter having read through all the blurb, at first I thought I was in the support group, but as Ive said im 98% without having the letter on me, that it is the 'option' where you are forced into stuff before being put in with everyone else again signing on etc :-(
  • Cpt.Scarlet
    Cpt.Scarlet Posts: 1,102 Forumite
    Tenth Anniversary
    donnydiva

    1. Your medical reports are not sent out automatically, they have to be requested, it usually takes about a week.

    2, If you receive notice to attend a Work Focussed Interview before your appeal is lodged, then you should contact the office concerned to let them know you are appealing, this should result in the meeting being deferred.

    3. You have two choices, ask for a Reconsideration or Appeal. If you appeal then the DWP will still carry out a Reconsideration first. If you choose a Reconsideration then you can still appeal if the decision is not revised. The problem with a Reconsideration is that you have a limited time, maybe only 3-4 weeks, to get everything together to try and challenge the decision, as a result the turnover rate is quite low, but if you can get the info, then it could mean avoiding a tribunal and maybe a years wait.

    4. Without knowing what you have already submitted it is difficult to advise what else you can do, you'll have a better idea when you receive the reports, but typically you need to hilight problems with the medical report and show with your evidence why you meet the criteria of the ESA tests you think you should have scored points for.
  • donnydiva
    donnydiva Posts: 109 Forumite
    okay thanks for swift reply back Cpt Scarlet - I shall digest what you have put, and then maybe post again. Have limited time left in library to post anymore. Im glad to see that maybe if I did get called for an interview in the interim period whilst waiting for statement of reasons, I could maybe get it deferred, thats my principal worry at the moment.
  • Muttleythefrog
    Muttleythefrog Posts: 19,990 Forumite
    Part of the Furniture Name Dropper 10 Posts
    Scarlet beat me to it. So make sure you get Statement of reasons for decision plus copy of all the evidence used (including ATOS medical report). Like for someone like me with similar problems I do not have people contact really and lack for medical support so struggle evidentially. When you get the medical report you are liable to be quite angered and frustrated.. it'll likely have limited basis in reality. However additional medical evidence is tricky to advise on... you 'appear to' have convinced the ATOS examiner that you have disabilities such that they probably did accept you have underlying health problems. If you'd scored zero points I'd say even a GP letter giving diagnosis may prove helpful... but probably not here. You're going to have to make a case that a Support Group descriptor (or more than one) applies... and that may direct your attempts to argue your case and seek potential evidence.

    It's worth noting two things. The medical report will probably give a prognosis which should include a 'time of recovery'... i.e. 'a return to work could be considered in 6 months with appropriate treatment'. This prognosis probably will direct re-assessments scheduling. You could well face a re-assessment within months at which you may be able get yourself into the Support Group. It is possible a tribunal could look at whole claim and reach a determination you don't qualify for WRAG or Support Gp... low though that risk probably is. So I would urge a little caution before appealing.

    I wish you the best of luck... let us know how you get on. And regarding the Work focussed interviews... I had to attend all 6 (as my WCA putting me in S.Gp. got delayed heavily)... and I would try not to worry too much about them. I'd certainly say interview is probably a misleading term.... getting to them was a problem with my health problems.. but once there I enjoyed talking about the football with my advisor who quickly established I wouldn't be returning to work soon.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • cit_k
    cit_k Posts: 24,812 Forumite
    ellenette wrote: »
    When I was in the Support Group I was told that I had 'volunteered' to attend these meetings! I didn't know any better so went along to the British Legion office who tried to get me first of all to do a voluntary job of 30hrs a week. I refused and was told that my money would be stopped if I didn't. So off I went and turned up at the RSPCA shop to work there. I lasted 2 hours before I walked out and went home.
    When I went back to the RBL the next week, I was told that they were sending a report to the DWP saying that I was unco-operative and had walked out of a perfectly good job that fitted my abilities????

    I then spoke to the DWP when I got home and they told me that I was never required to go to these interviews, never mind working!

    Who told you your money would be stopped if you refused to do the voluntary 30hr a week job? Was it the Royal British Legion, or the DWP?

    edit, never mind, reread post and it does appear it must have been the british legion.
    [greenhighlight]but it matters when the most senior politician in the land is happy to use language and examples that are simply not true.
    [/greenhighlight][redtitle]
    The impact of this is to stigmatise people on benefits,
    and we should be deeply worried about that
    [/redtitle](house of lords debate, talking about Cameron)
  • cit_k
    cit_k Posts: 24,812 Forumite
    edited 8 August 2011 at 5:32PM
    Im disgusted the British legion would pull such a stunt to someone full stop, never mind in the support group.

    If it was me, I would write to the DWP and request a copy of the report that the Royal British Legion sent to them, then kick up an almighty stink at a high level within the British Legion, because, quite frankly its appalling behaviour from them, and they should know better.

    edit to add: I would also kick up a stink with the DWP and insist that branch loses its contract, or is retrained at the least, because the RBL are not medically trained, they are supposed to know how to help people with benefits (so should know the rules) and quite frankly have left me in shock at their actions.
    [greenhighlight]but it matters when the most senior politician in the land is happy to use language and examples that are simply not true.
    [/greenhighlight][redtitle]
    The impact of this is to stigmatise people on benefits,
    and we should be deeply worried about that
    [/redtitle](house of lords debate, talking about Cameron)
  • CouponWoman
    CouponWoman Posts: 6,065 Forumite
    donnydiva wrote: »
    Hi

    Hope someone can give me some help as I am feeling very stressed (as I know a lot of others are)

    Following my medical about a fortnight ago, I received a letter last Thursday, informing me that I have been placed in the Work Support group. Cant say was totally surprised. But knowing from my friends experience, that this involves a few interviews to see how the jobcentre can help you (which in reality is covering all bases so when they do chuck you back in with everyone else, they can say they have done all they can (!) to help your particular health issues) I am fully intending to appeal the decision, as I know in my case with severe depression and anxiety and not having worked for several years, throwing me into the system again will not prove helpful for me, as you are not dealing with people who are in any way understanding or empathic and simply want you off their books, to attain targets.

    As stated on the letter, I rang to obtain a statement of reasons. I was told that this should be been sent out, and if I hadnt received it by next (this coming) Friday, to call again! Tomorrow will be exactly one week since the letter sent out was dated (2/8/11) and you have a month to challenge the decision.

    It mentions by that being placed in the work support group, you will be called in for interviews presumably at the job centre to 'discuss' your condition.

    (1) Was I been spun a line in being told that the statement of reasons would (seemingly) be sent out automatically? If this is the case why put on the letter you have to ring up, which was stressful for me (and others)

    (2) If in the meantime of waiting for the statement of reasons to come I get an interview letter, which wouldnt surprise me if they manage to get this out before the statement of reasons(!) would I have to attend, based on (a) the enormous stress this would cause me, whether they believe what I said in the medical or not and (b) the fact that I most probably intend to appeal?

    (3) What do I do initially as I understand you challenge the decision, and then, as is likely after they look at it again, they maintain the original decision, then you go to appeal? Is there a form for the challenge of the decision or just for the appeal? I know theres a GL24 form you have to fill in for one of them.

    (4) What kind of 'evidence' if you like would they take seriously? I doubt my GP letter if I asked for one would be very enlightening as they are totally unsupportive and uninterested judging by previous times dealing with them, my friend has offered to do a statement on how I am, I am currently seeing a counsellor, I am on medication. Unfortunately I dont live with anyone, have no family, rarely see the three friends I have due to their commitments so feel totally on my own in proving how I am and finding out what to do, who to approach.

    Sorry if rambling on too much, any help would be appreciated thank you

    You would have a greater chance of success if you got help with the appeal. Contact your CAB or DIAL, or your local authority who sometimes have a welfare benefits officer. They can help and advise you.

    xx
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