ESA: In WRAG, think should be support

*thedaughter*

A family member has recently filled in the limited capability form for migration from IB to ESA. Have heard today that they are being placed on ESA but in WRAG. She suffers with anxiety related illnesses (agoraphobia, anxiety/panic attacks, ocd etc) and can't stay indoors on her own or go out alone (and then she is limited to where she can go). I don't see her attending WFI without experiencing extreme distress and anxiety. She has suffered with her illness for about 30 years so I can't see her circumstances changing. Is it worth asking them to look at it again rather than appealing straightaway and would you get in the support group for these illnesses? Thanks

rogerblack

The first thing to do is to phone them up, and ask for a 'written statement of reasons' - this will both extend the time to appeal by at least 2 weeks - and explain what evidence was used to come to the decision.

Do not simply ask them to look again without submitting new evidence, they will only generally revise without new evidence if the original decision approached being irrational, and couldn't be justified.

You also want a copy of the medical assessment report.
Once you have these, you can start the appeal process.
You do not want to kick it off prematurely, and get a reconsideration done early, as that will mean that you will wait most of a year for a tribunal if it's turned down.

*thedaughter*

What sort of information am I likely to find in the written statement of reasons? Do you see the point system or is it just basically their opinion on your responses from the form?

rogerblack

They will give the points awarded, what documents they considered, and perhaps why they did not consider she was entitled to the support group.
It is not a point-by-point analysis of what you said on the form, but perhaps a page or two of reasons they came to the decision they did.

Clearly, this is of major use if you want to dispute it.

Ellejmorgan

If she can't get to the WFI's how did she get to the medical and how will she get to the appeal ?

rogerblack

For those in the work-related group, it's not only WFIs you have to worry about, but being referred to the work program.
In principle, this should only require you to do things that you are capable of, but the appeal process is very limited.

Ellejmorgan

rogerblack wrote: »

For those in the work-related group, it's not only WFIs you have to worry about, but being referred to the work program.
In principle, this should only require you to do things that you are capable of, but the appeal process is very limited.

That's true roger, don't forget though work programme doesn't apply if claimant has an infant under 5

LadyMorticia

Ellejmorgan wrote: »

If she can't get to the WFI's how did she get to the medical and how will she get to the appeal ?

Could be possible that she was put in the WRAG without a medical, depending on how much evidence was provided and any reports from GP etc.

I read somewhere (can't for the life of me remember where though!) that it's more common to not have to go for a medical if you're getting transferred from IB/IS (more common but not a common occurrence if that makes sense? As in it happens more frequently to not need a medical if you're migrating but it's still not a given or common scenario). I can't remember where I read it though or if it's even true!

Ellejmorgan

LadyMorticia wrote: »

Could be possible that she was put in the WRAG without a medical, depending on how much evidence was provided and any reports from GP etc.

I read somewhere (can't for the life of me remember where though!) that it's more common to not have to go for a medical if you're getting transferred from IB/IS (more common but not a common occurrence if that makes sense? As in it happens more frequently to not need a medical if you're migrating but it's still not a given or common scenario). I can't remember where I read it though or if it's even true!

I can only speak from experience, I have had two medicals in three years...

I don't think there's many that can be migrated without a medical from what I've read..
I've never claimed IB, I went straight onto ESA so I can't really be sure..

She would still need to attend an appeal I would have thought, and would probably need to show that all her care has been 'in house' due to agraphobia..
Atos & the DWP are really looking for loopholes...