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ESA wrag group -or wait a year to try for support group?

johnsmi
johnsmi Posts: 232 Forumite
edited 24 September 2012 at 8:48PM in Benefits & tax credits
Hi folks,

On IB but will be tested for ESA in the near future.

I was wondering if I was placed in wrag (but would only last a year becauseof savings etc) and I felt that I fulfilled the descriptors to be placed in the support group, should I appeal straight away or wait a year, and then if my gp was to back me up to ask to be reassessed again for support group, would this be ok?

Personally I don't find anything wrong with doing this as the DWP obviously felt I should be in the wrag (and so was not medially bad enough to be in support group) and its if I genuinely felt I should be in support group then I would not have the hassle of going to appeal to a tribunal and always the slight chance of loosing that, whereas after a year I have nothing to loose anyways.

I consider myself a genuine claimant that fulfills the support group because of social phobia and other physical and mental difficulties but I would really like your opinions on above as I want to do things the right and honest way.

Thank you very much.

John

Comments

  • dont forget that being in the wrag means you will have to take part in said work related activity,which can an will mean a number of things
  • Whilst you can make a late appeal to be placed in the WRAG, you would need to provide Good Cause as to why you would had not lodged an appeal earlier, so lodging an appeal 12 months later runs the real risk of the appeal being rejected. The maximum period for a late appeal is 13 months after the date of the decision.
  • Muttleythefrog
    Muttleythefrog Posts: 20,662 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 24 September 2012 at 10:19PM
    As above.. I would appeal now... try to get supporting medical evidence that support group descriptor(s) apply. The alternative of waiting a year, as above, is unlikely to work... it'll be hard to argue good cause for late appeal... very late appeal. However there is another consideration... on ESA reassessment is regular... they may have indicated when next reassessment will be.. if not then the prognosis in the report from ATOS will likely be used... and it is possible that you could be reassessed before the 12 months are up. So as I see it... ideally appeal now and especially if you can get supporting evidence relevant... otherwise wait until reassessment and make a sound case for support group. As you seem to recognise, there is a chance that appealling could result in you being found 'fit for work' but that is probably a slim risk on the face of it.

    If your health were to deteriorate then you would be required to communicate this... a change of circumstances and that could trigger reassessment.

    ETA.. Just realised in re-reading that you haven't actually been transferred at all yet.. so the above is hypothetical... but still stands as my advice. Do whatever you can to ensure they reach the decision of support group.. in filling in the ESA50 form they'll send you and in supplying additional evidence.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • Especially state on the form where it asks what happens to you regarding the social phobia's and other mental health issues that you have, but use simple terminology to tell them what is what. Draft it all out using the support group descriptors as the basis before all this actaully kicks off and if you take any medications for these things, what effects they have on your life (side effects?).
    http://pseudo-living.blogspot.co.uk/2012/03/esa-descriptors-and-points.html that link gives a clear written list of support group and wrag descriptors for mental health issues (Supp being 12,13 & 14). Get your GP or mental health practitioner to write a letter stating exactly how you would meet the supp group descriptors as soon as you get the form. You get a month to fill it in and send it back, but it may be advisable to get the form in as soon as you can, then send in the letter to the DWP about your mental health problems. Keep a copy of the form and letter, DWP are prone to losing stuff.
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