WRAG/Support group

patd1967

would just like to wish you good luck,im facing the same thing as you moving from IB to ESA. i have had a heart attack,cancer and a stroke.now have osteoporosis in my hios and arthritis in my knees and ankles,was told that im fit for work

Muttleythefrog

Op. Complete a GL24 form (http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@benefits/documents/digitalasset/dg_201702.pdf ) or write to DWP indicating that you wish to appeal.. but first I would request copy of all the evidence they've used to make decision... that should include an ESA85A single page report from ATOS HC (ESA85 if you'd had a face to face medical). There is a chance that an ESA113 exists too.. which would be a GP report if ATOS HC requested one for fact finding. I would focus your efforts for appeal on the descriptor(s) for Support Group (or special circumstance criteria that qualifies for Support Gp) that you feel apply... try to get directly supportive medical evidence. You have 4 weeks to appeal but there's nothing to stop you appealing and then sending in more information afterwards to join the process (a good tactic if there's delay in sending you the evidence used for the decision so you haven't had due chance to make your case fully).

When you appeal the DWP will first do a reconsideration. This may take weeks to perhaps 2 or 3 months to do this. If they do not change their minds then they will forward paperwork to tribunals service to arrange your appeal hearing.. that could take another few months thereafter... the whole process could take up to a year... some have reported slightly longer.

There is a word of caution that if you do go down the appeal route you could be found 'fit for work'... at face value that sounds like a very small risk given your range of problems and the fact that the DWP have regarded you as meeting WRAG criteria initially. There is also something else worth mentioning and that is the fact that reassessment is typically quite frequent on ESA... (6 to 24 months for most).. it doesn't sound like you're prepared to wait until reassessment to make a case for Support Group but that would be an alternative option if circumstances weren't favourable to pursuing this matter at this time for whatever reasons.

'How can they decide your future without seeing you'... sadly even if ATOS HC do see you it could be even worse... the face to face medicals are notoriously inaccurate and often traumatic... inaccurate is the politest word I could think of..lol. But it is likely that the DWP decision to award WRAG was largely based on ATOS HCP opinion in form of ESA85A.

Good luck.

James123_2

Good luck with this. I'm facing exactly the same dilemma. I was also put into the WRAG group without a medical. In fact, the whole process only took 9 days! So, I guess they think that my underlying case is strong. I don't have full use of my hands or feet due to complications resulting from prolonged periods of chemotherapy. However, I was honest and stated that I could use voice recognition software (as here) - to type, albeit very slowly. Macmillan considered that I had a very strong case for the support group. I haven't appealed yet but have asked for a report on the decision. Requesting such automatically extends the deadline for appealing by two weeks.

rogerblack

James123 wrote: »

I haven't appealed yet but have asked for a report on the decision. Requesting such automatically extends the deadline for appealing by two weeks.

Make sure you specifically asked for a 'written statement of reasons' - sometimes you will be sent the medical report - which does _not_ extend the times limits.

James123_2

Oh, thank you Roger. I will have to re-trace my steps to see what I've asked for!! This is all very complicated.

Just_About_60

I am now very confused. I asked for the decision to be looked at again and sent some more evidence My GP also sent them a letter of support for me. I was very detailed in my letter regarding the discriptor that I knew for certain I met. There has been some confusion regarding the letters going to the wrong dept. and that resulted in me have to go into JCP to have the letters faxed to the correct department. Today I got a letter telling me they have looked again at their decision and after looking at the facts and evidence they have changed their decision. I am assuming it means that I have been put into the Support Group but the letter doesn't actually say that. In fact it says very little. It is not signed. In fact it is very strange. I phoned the number on the top of the letter but after several calls/call backs the conclusion is that there is nothing on their system regarding this and as far as thes ystem shows I am still the the WRAG. Nothing about a change of group, nothing about anything! The conclusion to this is that they have made me an appointment with JCP to ask them to fax over an urgent appeal request! Since I have not completed a GL24 I am at a loss to understand any of this. The letter does say DR4 on it if that means anything to anyone. To say I am stressed is an understatement. I am having more surgery in September and I should be preparing myself for that, not feeling like I am peering into the bottom of a big black crater.

rogerblack

The gl24 is not required.
You need to appeal in writing, but any letter that identifies the decision, and says you want to appeal is adequate.
A gl24 is a good idea, as otherwise you may miss out things, but almost any letter can be taken as a request to start an appeal.

zippy1969

My thread might help:

https://forums.moneysavingexpert.com/discussion/3936947

Good luck with everything:)

Muttleythefrog

Op it sounds like you've been victim of the terrible DWP ESA admin of ESA.... letters can be extremely poor or never sent or sent in error. Reading between the lines and from terminology I suspect you've written then they've accepted a reconsideration request has been made.. eventually they got your evidence and agreed to change decision that you are eligible for Support Group. However the DWP cannot verify the details of a letter sent and I've heard that before and sometimes the letter has been sent in error. It is clearly at very least a very very poor letter in that it fails to indicate the most important fact that it should... namely decision. The fact they don't seem to have this letter on their case management system is troubling and may indicate it is a rogue... it certainly was written by one dare I say. SOmetimes letters are sent in error by the system that staff themselves have reported here alone as being horrible to use... but then if letter was sent in error it would presumably still appear on system.

To be honest... it's difficult to advise... as quite often on MSE people need assitance but they can't even get very basic information from the DWP about their ESA claim. In fact they often appear precisely because they are getting conflicting information and advice from the DWP. To an outsider it must read as unthinkable that the DWP can function so poorly and it certainly has been an eye opener for me. The DWP seem to be denying the reality of this letter. I think that if I were you I would make a written appeal request (I wish to appeal the ESA decision of WRAG on date x as I feel I meet Support Group criteria y')... referring to your previous correspondence and evidence sent for reconsideration (include copies) and state that you have a letter saying they have changed their decision (include copy) but you cannot get verification of the details of this from the DWP. I'd suggest saying you are copying in your MP and state that it is appalling that you're being treated with such dreadful administration in what is already a stressful process, that you asked them to reconsider and they seem to have done that but they can't tell you anything about it except that the letter they've sent they cannot validate... so you're now having to appeal the original decision on the basis you haven't a clue what the DWP are doing and time limits apply. With any luck they'll confirm they have reconsidered and placed you in Support Group... and if not then at least you have a valid appeal in hopefully in time. I would advise watching bank account for any changes in payment... sometimes you can find out from Barclays about your benefits more than you can from the DWP who administers them... shocking but certainly true.

James123_2

Muttley - I'm not sure how you are able to answer with such authority and knowledge but I'm so grateful that you're on this forum. I have learnt so much from your various postings - including, of course, those on my own dilemma. Thanks, on behalf of us all.