Partners ESA appeal on WRAG

Lavander

My partner is disabled - he is on high rate mobility and low rate care and was on IB until a few weeks ago.
He was sent out a questionairre just before attending a medical, which I wasn't worried about. He walks with a crutch and split, has wedges in his shoes, and also has multiple personality disorder with traces of borderline. After she preformed one or two tests, she herself said 'well if you can't do these then theres no point in trying to do the others.' She didn't even take his splint off to have a look at his leg.
Somedays my partner can hardly move due to the tightness in skin at the back of the ankle due to his injury.
Then about...2 weeks ago...we recieved the letter confirming he has been put on contribution based ESA, been put in WRAG and will only be on 365 days and then be expected to find work.
We have decided to appeal this decision to get him into the support group - went to a walk-in CAB office to get them to fill out the appeal form (which I had to print off the DirectGov website - was on the phone to ask for them to send one out for 1hr 45mins with no fruition). Has anyone done this and been successful? The woman at the CAB office had never heard of anyone doing this. What can we expect to happen?

Muttleythefrog

Many people at the moment seem to be appealling WRAG decisions... some because of new contrib based ESA 12 month limit law. I suspect limited data is available regarding WRAG appeals to Support Group because for many they would have simply been relieved to have qualified for main phase ESA and accepted the decision... or because reassessment is regular such that it's probably quicker for many to wait for reassessment than to appeal to get into Support Group.

I hope that the appeal was made (not quite sure if you have sent off the appeal form) with good judgement... and ideally with supporting medical evidence... and certainly with focus on the descriptors. At the end of the day success will depend upon whether you have a convincing case for a Support Group descriptor (or special circumstances that qualify for support grp) applying. The DWP will first carry out a reconsideration of their decision to see if they can change it... and if not they'll forward papers to tribunals service to arrange appeal hearing. Strongly suggest appearing in person to the tribunal to present direct evidence to the panel.. increases chances notably statistically speaking.

If the woman at the CAB office says she's never heard of anyone appealing a WRAG decision then I'd query her experience.

Lavander

See, now this really is beginning to concern me...when my partner was in this morning, he went with loads of evidence about his condition, thinking this could only be a good thing. CAB woman said that 'we just put it in writing with the appeal form that you are actually lodging the appeal. Once they get back in touch, then we go into detail about the condition.'

Does this sound right?!

HB58

A different decision maker will review your partner's case first, it will only go to appeal if the recon is not in your favour. The more relevant evidence you submit at this stage, the better the chance of the recon going in your favour.

Make sure that your partner is familiar with the criteria for the support group, the appeal and evidence should conform to this as closely as possible.

Lavander

Well the CAB woman faxed off the appeal form this morning...she did phone in the afternoon saying that it has come to her attention that he needs a sick note, apart from that, at this stage no evidence is being presented about his condition etc...

Muttleythefrog

Lavander wrote: »

Well the CAB woman faxed off the appeal form this morning...she did phone in the afternoon saying that it has come to her attention that he needs a sick note, apart from that, at this stage no evidence is being presented about his condition etc...

Because there's a 4 week time limit on appealing (technically you can appeal later if good cause for delay exists) the advisor may have felt that it sensible to get the appeal notification in ASAP... this is often advised especially in light of the appalling DWP admin of ESA. Usually continual sicknotes are required to keep getting assessment rate ESA while appealing.. in effect they act as your qualification for the basic rate of the benefit pending assessment or appeal for the main phase.

What the advisor seems to want to do is ensure appeal is made in time and then focus on making a good case with evidence for Support Group. It's perfectly acceptable to present new evidence into the equation after making the appeal request... the reconsideration will probably take several weeks to 2 or 3 months during which the advisor will hopefully help you target your efforts. If the reconsideration is unsuccessful then they pass papers to tribunals service to arrange appeal and even then evidence and argument can be presented.. but obviously sent to them rather than to DWP at that stage.

Hopefully the CAB rep is switched on... good evidence that some are terrific and some are dire... it seems the whole sickness/disability benefits system operates with lucky dip at many doorways! But key to all this is making a convincing case for support group descriptor(s) being applicable in his case... or special circs criteria which qualifies you for Support Gp. To be blunt... anything else is a sideshow.

Oh and I forgot to mention... it's important that all evidence used for the decision is gotten from the DWP... the CAB rep may have requested that if not all already available.. and this is another reason why making the appeal case in technical terms and evidentially may have been left for a later day.

If you've got a helpful GP or specialist who would be prepared to write a supportive document it may be worth mentioning this to the CAB rep who may be able to help advise (given what descriptors you are going to argue should apply) what kind of statement would be useful.

Molly41

I have been in Support Group for 3 years and just had a re-assessment with the decision that I am now in WRAG despite being more ill now than ever:( I have been asking all my doctors to write letters of support for my reconsideration and which they are happy to do as they are horrified at the decision. I just hope it is an aberration on the part of the DM but who knows. Ask for an oral hearing and to be present at the hearing. I too have just put my appeal in even though it is being re-considered. Also I have contacted my MP for help. Good Luckx

Morlock

Lavander wrote: »

...we recieved the letter confirming he has been put on contribution based ESA, been put in WRAG and will only be on 365 days and then be expected to find work.

After 365 days his entitlement to contribution-based ESA will cease. Your income will then be factored in when claiming income-based ESA, which he will receive if the household income is deemed to be too low.

He will not necessarily be expected to find work, but you will be expected to support him financially if he does not qualify for income-based ESA.

Lavander

Also, is it a good idea to ask for a copy of the medical report? Do I get in touch with my local JC for that??

Muttleythefrog

Lavander wrote: »

Also, is it a good idea to ask for a copy of the medical report? Do I get in touch with my local JC for that??

Pretty much essential since you're arguing it is incorrect. But be careful you don;t end up at cross purposes with CAB advisor... I would assume a CAB advisor would have the sense to request the evidence used for the WCA decision ASAP.. she may have already done it. If you do request it yourself then use the tel no at the top of your DWP ESA letters... the document is an ESA85 (face to face ATOS medical report).

Muttleythefrog

Molly41 wrote: »

I have been in Support Group for 3 years and just had a re-assessment with the decision that I am now in WRAG despite being more ill now than ever:( I have been asking all my doctors to write letters of support for my reconsideration and which they are happy to do as they are horrified at the decision. I just hope it is an aberration on the part of the DM but who knows. Ask for an oral hearing and to be present at the hearing. I too have just put my appeal in even though it is being re-considered. Also I have contacted my MP for help. Good Luckx

I'd be inclined to really hammer home the fact you have not improved and that the same Support Group criteria apply (assuming that changes to the descriptors in spring 2011 haven't affected this situation)... whatever that Support Group criteria is... and use previous ATOS medical reports/advice to DWP to back you up (a very good reason why I always advise people request these things even when they're happy with outcome). If doctors do try to help you then make sure they present info relevant to the descriptors (or special circs criteria) that you're arguing apply in your case.