ESA decision no medical.

stef240377

Hi,

My husband received the ESA50 form in early October. Filled it out as best he could at the time - couldn't give upcomming appointments as they are done ad hock rather than booking in advance and sent it off stating further information was awaiting from consultants as regards to steroid infusions and further physiotherapy sessions. My husband has Ankylosing spondylitis, fibromyalgia, chostochondroitis and sinovitis. None of which are being controlled by pain management to which one consultant wants to have him referred to a specialist centre over 100 miles away.

Today he received a letter stating that as of January 2013 he will be switched onto ESA and income support and incapacity benefit will cease. Towards the bottom of the letter it states that he has been placed in the WRAG. So is my understanding correct from what i have read upon these threads =
As he attends IV steroid infusions this automatically places him in the catagory for Support group and if this is not the case can someone advise on how to move forward with an appeal as we have not been in this situation before and in all honesty was expecting to go for the full on medical before a decision was made.

stef240377

http://blacktrianglecampaign.org/2012/11/16/important-how-to-gain-exemption-from-dwpatos-fit-for-work-wrag-decisions-by-applying-esa-regulations-29-and-35-new-campaign-by-black-triangle-dpac/
This is the article i had read stating that as his condition is unmanaged by pain relief and that he has infusions he should automatically be exempt from the WRAG.

harry7075

Not sure if that's a descriptor for the support group but as he was on income support he needs to apply to go onto income based ESA as he'll be on contributory at the moment. In the WRAG payments stop after 365, if not on income based.

You can appeal this decision by sending in a GL24 and also sending a letter asking for his ESA85A and any other paperwork used in reaching the outcome.

However as he's in The Wrag he has been found unfit for work but will still have to attend work focus interviews.

stef240377

The letter reads he is entitled to both contribution based and income related ESA.

harry7075

I'm not sure but does he have to fill in form E104?

Muttleythefrog

Bit early in the day for me to think clearly.. his situation doesn't strike me as automatic qualification for support group.. but here is the WCA manual for reference and it would cover the matter if relevant to exceptional circumstances.

If appealling then obviously focus on the descriptors... be it support group standard descriptors or exceptional circumstances (also known as the non functional descriptors) that qualify for support group (limited capability for work related activity).. when making your case. Try to get supporting evidence as necessary. Make sure to also request the DWP evidence.. that should include ESA85A ATOS report (their advice to DWP where medical not conducted).

Like me they describe "contribution based and income related ESA" in their letter... it may imply he is getting both... contrib based topped up with income related perhaps.

http://www.dwp.gov.uk/docs/wca-handbook.pdf
(page 38 may be particularly relevant)

and the descriptors are conveniently referenced here in one page.
http://pseudo-living.blogspot.co.uk/2012/03/esa-descriptors-and-points.html

stef240377

harry7075 wrote: »

I'm not sure but does he have to fill in form E104?

There are no other forms to fill in. This letter arrived today just stating the change over in benefits, states in the income breakdown, how they have used both income related and contribution based amounts because we would fall short of the governments limits and then goes on to say about the work related groups.

Thank you Mutleythefrog for your input. I will ask my husband to request the relevant paperwork to see how the decision was made and in the meantime read through the links you kindly provided to see if either of us can make head or tail of it.

frostedparadise

APPEAL! My friend is Disabled and bed ridden, takes Morphine 3 times a day and has been placed in the WRAG it's appauling! she has started receiving letters from the Job Centre saying she MUST attend interviews or they will stop her benefit! How can she attend when she is bed ridden?! this has caused so much distress to her over Christmas and it's so unfair they are doing this to people who need to be placed in the support group!