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WRAG/Support group

I got a letter to say my benefit was migrating from Incapacity to ESA. I then got a form ESA50 to complete. I did this and sent it off with a pile of medical evidence, diagnosis, consultants letter, hospital letters, MRI scan results, etc. I was quite confident that I would be put into the Support Group but I got a real shock when I got a phone call telling me I was getting put into the WRAG, especially as I was not called for a medical. I have a number of conditions including lung disease, FMS and severe arthritis and I cannot walk 50 meteres, which is what I said on the form. I have been undergoing diagnostic procedures on my spine and hip and have had to have several epidural injections. I have just had my facet joints done and I face have the nerve roots 'burned'. Exertion makes me extremely breathless and I cough constantly trying to clear my lung. Needless to say I know that I could not go to work. I am a female almost 60 years of age so it is not as though I would be getting the benefit for a long period of time.

What I want to know is, do I ask for the decision maker to look at this again, or do ask to go to a tribunal? The woman who phoned to tell me I was getting put in WRAG said to ask for it to be looked at again, but is that by the decision maker or a tribunal? I am in a great deal of pain at the moment and dealing with this isn't helping matters. How can they decide your future like this without even seeing you? I am assuming ATOS has made the decision but I really don't know.

I haven't had to deal with anything like this before and I feel overwhelmed by it. Any help would be much appreciated. Thanks.
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Comments

  • mazza111
    mazza111 Posts: 6,327 Forumite
    The decision maker will look at it first of all. If they don't agree that you should be in the support group, you then appeal and it will go to tribunal where the decision would be made.
    4 Stones and 0 pounds or 25.4kg lighter :j
  • Thank you for that infomation. The letter says something about a GL24, is that the form I fill in or do I just write and ask for them to look at it again? Unfortunately the leaflet they sent me with my letter relates to Job Seekers allowance and not ESA so I'm having a bit of difficulty deciding what's what, if you know what I mean!
  • Sorry, I should have asked where I get the GL24 from in my other post.
  • mazza111
    mazza111 Posts: 6,327 Forumite
    You can ask them to send you a GL24 or just write to them stating you want to appeal the decision, better to write to them while waiting for the GL24 to arrive.
    4 Stones and 0 pounds or 25.4kg lighter :j
  • Thanks again. I will write an appeal letter this weekend. I presume I just ask them to look again at the information on my ESA50 form and my additional evidence. Can I also ask them to send me the reasons why I was put into the WRAG? Or is that complicating things?
  • princessdon
    princessdon Posts: 6,902 Forumite
    I am normally harsh on claimants (I have an illness and work) but jeez louise - how they can they determine you are work available.

    I hope your appeal works out (can't offer advice) just wanted to say am stunned at their decision.
  • Most of the time I have been ill I have managed to do 3 hours a fortnight voluntary work (in a gov dept.) as I wanted to contribute something to the society I live in. This was 'permitted work' and I received no pay and din't even claim my travelling costs. I was just glad to be able 'to put something back' if you know what I mean. I have always tried to look on the bright side but at the moment I feel like I am in a bottomless pit. I must have been naive but I didn't think I would have any problems migrating to the new benefit. I can't walk more than 50 meters (I either use two fisher sticks or a walker with a seat) and according to the information I have just read, this alone should have put me in the support group. I have used all my savings making adaptaions to my home and have not asked (or expected) any help towards this. My mind is fully functional, unfortunately my body is unable to co-operate in the same way.
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