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DH placed in Wrag group and should be in support - help!

Just as it says DH filled in the forms migrating from IB to ESA. He has allsorts of problems mainly a severe curvature of the spine and arthritis.
Two weeks later and without a medical he received the letter stating the Wrag group.
We sent a letter from his consultant with the form and have contacted DWP asking to appeal and they have sent a form.
We've been in touch with CAB but they are very busy.
We now have a very good letter from his GP and physiotherapist - should we ask for a reconsideration with these additional letters.
Advice appreciated.
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Comments

  • rogerblack
    rogerblack Posts: 9,446 Forumite
    edited 16 July 2012 at 7:25PM
    If you appeal, they automatically do a reconsideration first - so there is little point in just requesting a reconsideration generally.

    Secondly - why should he be in the support group?
    Have you understood the criteria - and determined he meets one or more of them?
    http://www.dwp.gov.uk/docs/m-06-11.pdf - specifically 'annex B' on page 13 and on.

    In principle, an appeal risks your existing award.
  • grummps
    grummps Posts: 192 Forumite
    Lakelady wrote: »
    Just as it says DH filled in the forms migrating from IB to ESA. He has allsorts of problems mainly a severe curvature of the spine and arthritis.
    Two weeks later and without a medical he received the letter stating the Wrag group.
    We sent a letter from his consultant with the form and have contacted DWP asking to appeal and they have sent a form.
    We've been in touch with CAB but they are very busy.
    We now have a very good letter from his GP and physiotherapist - should we ask for a reconsideration with these additional letters.
    Advice appreciated.

    You will have to be absolutely sure that his problems come within the scope of at least one of the descriptors for the Support Group.

    Otherwise, as has already been said, he stands to lose what he has already been awarded and be found fit for work.
  • Lakelady_2
    Lakelady_2 Posts: 286 Forumite
    Part of the Furniture Combo Breaker
    Thanks for that - according to the criteria DH should have scored 60 points + and all this relevant info put on the form. Can't understand why he wasn't called for a medical though?
  • grummps
    grummps Posts: 192 Forumite
    Lakelady wrote: »
    Thanks for that - according to the criteria DH should have scored 60 points + and all this relevant info put on the form. Can't understand why he wasn't called for a medical though?

    Given that he must have scored the minimum he was awarded ESA without the need for a face to face assessment.

    However, he may NOT have proved that he should be allocated the Support Group.

    So having passed the assessment and not having qualified for any of the Support Group descriptors he would be put in the Work Group. There are no other alternatives.

    A face to face assessment is only needed if the info on the ESA50 isn't clear and an assessment is needed to make a decision. Your husband's ESA50 must have been clear enough to not need an assessment.
  • HB58
    HB58 Posts: 1,787 Forumite
    1,000 Posts Combo Breaker
    Whilst at least 15 points are (generally) needed to be awarded ESA, access to the Support Group is not points based but depends entirely on meeting very specific criteria. Any evidence submitted should show how your husband meets at least one of those criteria.
  • Blakespops
    Blakespops Posts: 394 Forumite
    Hi, Today about an hour ago I had a call from a decision maker from DWP as I had also been placed in wrong group. I had asked for reconcideration and was being told I had to appeal to hae claim reconciddered however after requesting a statement of facts and to know how many points they had given me I was being told I did not have a score sheet and hey just made decision clerically. I then got MP involved and was due to meet with him this Saturday and all of a sudden I get a call today saying I am being moved into support group. without need to appeal so is always worth sending in letters and extra proof requesting a call from decision maker with whom you can talk about the claim and if needed he actually has ability tochange things where help desk are not fit for duty as they can do nothing to help.

    I have no idea how much differance the support group will be other than I will now not have to go for monthly meetings at benefit centre or risk having benefit cut even if too ill to attend.

    Good Luck with your claim.
    Only through Christ can we find freedom
  • grummps
    grummps Posts: 192 Forumite
    Blakespops wrote: »
    Hi, Today about an hour ago I had a call from a decision maker from DWP as I had also been placed in wrong group. I had asked for reconcideration and was being told I had to appeal to hae claim reconciddered however after requesting a statement of facts and to know how many points they had given me I was being told I did not have a score sheet and hey just made decision clerically. I then got MP involved and was due to meet with him this Saturday and all of a sudden I get a call today saying I am being moved into support group. without need to appeal so is always worth sending in letters and extra proof requesting a call from decision maker with whom you can talk about the claim and if needed he actually has ability tochange things where help desk are not fit for duty as they can do nothing to help.

    I have no idea how much differance the support group will be other than I will now not have to go for monthly meetings at benefit centre or risk having benefit cut even if too ill to attend.

    Good Luck with your claim.


    Have you asked for what he said, in writing?

    It's a bit dangerous to just accept what you are told over the telephone.
    Personally, I refuse to speak with any government official on the telephone, unless they put in writing everything they wish to discuss. Even then I advise them that the call is being recorded for my protection.

    Much better to never give out your telephone number to anybody from The DWP especially as they have been known in the past to try to persuade you that you should not appeal as there is little chance of winning.
  • Blakespops
    Blakespops Posts: 394 Forumite
    edited 17 July 2012 at 7:28PM
    grummps wrote: »
    Have you asked for what he said, in writing?

    It's a bit dangerous to just accept what you are told over the telephone.
    Personally, I refuse to speak with any government official on the telephone, unless they put in writing everything they wish to discuss. Even then I advise them that the call is being recorded for my protection.

    Much better to never give out your telephone number to anybody from The DWP especially as they have been known in the past to try to persuade you that you should not appeal as there is little chance of winning.
    Not sure about never giving them your number. as I am bedirdden half the time I am unable to visit them so need to communicate via phone but I also state all calls are recorded and I even play them back to them if one contradicts another.
    Yes he said was sending in post and he says it was clear from my claim I should have been placed in support group from the beginning. healso said it must have been a error when imputting decisson into computer although I found this to be a poor reason but am thankful not to have to face apeal process.

    although it makes no change to benefit amount it will be a period of looking after health and not fighting red tape
    Only through Christ can we find freedom
  • grummps
    grummps Posts: 192 Forumite
    Blakespops wrote: »
    Not sure about never giving them your number. as I am bedirdden half the time I am unable to visit them so need to communicate via phone but I also state all calls are recorded and I even play them back to them if one contradicts another.
    Yes he said was sending in post and he says it was clear from my claim I should have been placed in support group from the beginning. healso said it must have been a error when imputting decisson into computer although I found this to be a poor reason but am thankful not to have to face apeal process.

    although it makes no change to benefit amount it will be a period of looking after health and not fighting red tape

    Good - at least you are protecting yourself.

    Personally I would want to get to the bottom of why the grouping was changed. But, that's me, I just don't trust the DWP to do anything above board - they are devious!
  • JACEY
    JACEY Posts: 24 Forumite
    Not a reply- can someone tell me what Wrag group is!!!
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