Ib to esa wrag no medical, dwp said i will loss money if i appeal

fithgear

Here is my IB TO ESA journey so far and questions.
I filled in my ESA form 3 month ago, Rang ATOS last week told I do not need to have a medical.
Received a DWP letter today Placed in the WRAG group without a medical.
I have peripheral Neuropathy lost feeling in my feet, COPD 3rd stage, chronic arthritis, cannot mobilise more than 15 meters .I sent 4 letters with my ESA50 from my consultants and GP stating I cannot mobilise for more than 15 meters. And would have thought I would have passed this descriptor to get into the support group.
I rang DWP and asked for ESA85A ESA85S and GL24. I was informed by the DWP on the phone that DWP had tried to ring me last week, but he did not know why probably to give me the esa result.
He went on to say I would receive a call on Monday He did not say why. He also said If I appeal I will lose money,
My Questions are
1. If I appeal will I loss the WRAG Component It seems pretty unfair If you do loss money.
2. Is there anything else I need to ask For I.e. do I need to ask for the paperwork I sent them in my ESA50 application so when my appeal comes up my representative will have everything to hand?
3. Any further advice you can give me thank you for your kind help.

rogerblack

You will not lose money on appeal, unless when they reconsider your award before submitting your appeal they determine you are not entitled.
In this event, you would be paid at only the basic rate, without the wrag component until the appeal happens.
If you win, you would get arrears of the unpaid, and if you win support group, you wold get that backdated too.

rogerblack

You will not lose money on appeal, unless when they reconsider your award following your appeal they determine you are not entitled.
In this event, you would be paid at only the basic rate, without the wrag component until the appeal happens.
If you win, you would get arrears of the unpaid, and if you win support group, you wold get that backdated too.

You may find I useful to do a data protection request, to get everything,
http://www.dwp.gov.uk/privacy-policy/#DPA

tiddlertot

I have peripheral Neuropathy lost feeling in my feet, COPD 3rd stage, chronic arthritis, cannot mobilise more than 15 meters.

Sounds about right for the Work Group.

Can you prove with medical evidence how you fit into the descriptors?

It's no good saying that you can't move 15 metres - you will need evidence to back that up - maybe an OT's report?
Your GP's and probably your consultant's reports weren't specific enough. The DWP don't trust GP's or consultants to give good factual evidence anyhow.

I too have your conditions (except COPD) plus a whole load of more disabling ones, yet I wouldn't expect to be placed in anything other that the Work Group that is if I managed to 'pass' the assessment in the first place!

benefitbaby

tiddlertot wrote: »

I have peripheral Neuropathy lost feeling in my feet, COPD 3rd stage, chronic arthritis, cannot mobilise more than 15 meters.

Sounds about right for the Work Group.

Can you prove with medical evidence how you fit into the descriptors?

It's no good saying that you can't move 15 metres - you will need evidence to back that up - maybe an OT's report?
Your GP's and probably your consultant's reports weren't specific enough. The DWP don't trust GP's or consultants to give good factual evidence anyhow.

I too have your conditions (except COPD) plus a whole load of more disabling ones, yet I wouldn't expect to be placed in anything other that the Work Group that is if I managed to 'pass' the assessment in the first place!

I have to disagree with this comment, the OP stated he provided medical evidence that 15 metres was his walking limit and this is probably the issue.

The Atos HCP has probably concluded that the OP could self propel a wheelchair and this mobilise further than the 50 metre threshold for the support group however if the OPs COPD causes significant breathlessness on minimal exertion then this conclusion would be erroneous.... and he should be placed in the support group.

Appeal the decision the case has merit - good luck OP

tiddlertot

benefitbaby wrote: »

I have to disagree with this comment, the OP stated he provided medical evidence that 15 metres was his walking limit and this is probably the issue.

The Atos HCP has probably concluded that the OP could self propel a wheelchair and this mobilise further than the 50 metre threshold for the support group however if the OPs COPD causes significant breathlessness on minimal exertion then this conclusion would be erroneous.... and he should be placed in the support group.

Appeal the decision the case has merit - good luck OP

That may be the case.

However I am aware of one such similar case where walking was almost impossible and an OT's report verified this. The 'imaginary' wheelchair test concluded that 50 metres was possible. No amount of argument ensued with evidence suggesting that a wheelchair was not practical as the claimant onl had the use of one arm!
It was argued that unless the 50 metre rule meant that he had to go round in never ending circles, he should be treated as unable to mobilise.

The DWP still refused, it went to a tribunal who found in favour of the claimant. Unfortunately the claimant had died 3 months before the tribual hearing - heart failure brought on by over exertion,

fithgear

benefitbaby wrote: »

I have to disagree with this comment, the OP stated he provided medical evidence that 15 metres was his walking limit and this is probably the issue.

The Atos HCP has probably concluded that the OP could self propel a wheelchair and this mobilise further than the 50 metre threshold for the support group however if the OPs COPD causes significant breathlessness on minimal exertion then this conclusion would be erroneous.... and he should be placed in the support group.

Appeal the decision the case has merit - good luck OP

Yes I think that is the case the ATOS HCP has concluded I could mobilise with a wheelchair,However my consultants and gp Have stated in there reports that due to peripheral neuropathy and arthritis,I have difficulty gripping objects poor manual dexterity and pain in my hands.This would therefore prevent me from mobilising a manual wheel chair.Maybe I need to go back to my consultants and ask them to be more specific on this.But I need to see all the reports before I can make an informed judgement,How long does it usually take to get all the reports back from DWP ?.
Thanks for all your replys.

Pippin12

I can't help Fithgear, but I just wanted to say that I think you have a very good case for appeal. Good luck and let us know how you get on.