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Advice regaring appealing WRAG group

I have been put in the WRAG group even though I fit the descriptors for the support group due to urine incontinence. I have a copy of my report which clearly states a recovery is unlikely within 2 years. I sent a letter of appeal but didn't include any evidence from my gp.
Due to breaking a leg it has taken me 4 months since the appeal to speak to my doctor in length.
Today I spoke to my doctor who says she will support me and insisted in writing me a sick note!! I have been on Incapacity/ESA for sevaral years so haven't needed one. I explained that I needed her to provide supporting documents which she said she would do if they wrote to her. She said they will write once they received the paper.
Is that right?
I am probably only a few months off a decision as my review was last August.
Thank you :)
«1

Comments

  • rogerblack
    rogerblack Posts: 9,446 Forumite
    They may choose to write to her - they do not write if they do not believe it will be helpful.
    Has the file been sent to the tribunals service yet?
    Has the reconsideration been heard?
    Are you sure they recieved the appeal - have you had any further letters?
  • louis548
    louis548 Posts: 18 Forumite
    rogerblack wrote: »
    They may choose to write to her - they do not write if they do not believe it will be helpful.
    Has the file been sent to the tribunals service yet?
    Has the reconsideration been heard?
    Are you sure they recieved the appeal - have you had any further letters?

    I had a letter to say they have received my appeal and are looking into it and please send any other evidence that will help your claim.
    When I asked my gp she said they will write, I hope they do.
    Is the sick note of any help?
    according to my support officer they will write and ask me if I would like the case heard without me or would I like to attend.
    Thank you for replying :)
  • Is the incontinence a minimum once per week or more? If yes do you use pads - that is the sort of thing they need. I get mine provided by the NHS free.
  • louis548
    louis548 Posts: 18 Forumite
    Is the incontinence a minimum once per week or more? If yes do you use pads - that is the sort of thing they need. I get mine provided by the NHS free.

    Thanks for replying :)
    Mine is daily, 3 baths a day, Tena 4 a day which I pay for.
    It says that in my report from my review.
    I have severe disc problems with bladder nerve damage as well as a prolapse :(
    My downfall is not enough visits to my gp as I keep things to myself. My incontinence is documented though.
  • rogerblack
    rogerblack Posts: 9,446 Forumite
    louis548 wrote: »
    I had a letter to say they have received my appeal and are looking into it and please send any other evidence that will help your claim.
    When I asked my gp she said they will write, I hope they do.
    Is the sick note of any help?
    according to my support officer they will write and ask me if I would like the case heard without me or would I like to attend.
    Thank you for replying :)

    The sicknote is useless - unless it specifically mentions incontinence, or a different condition than the one you initially applied for - you don't need a sicknote if you are in the WRAG.
    The process is:
    You send in an appeal to the DWP.
    The DWP then look at their decision again - a reconsideration - to see if it is 'reasonable' - if you don't supply new evidence, then it would only be overturned if it's clearly wrong.
    If it is wrong, point out in detail why it's wrong in the appeal letter.

    If this does not go in your favour, the file is passed to the tribunal service, and you will get both a copy of the file from the DWP that they send the tribunal service, and a letter asking you if you want to go in person.
    Going in person has a _much_ better success rate.
    https://www.youtube.com/watch?v=tbWXG6Ho4i8 - this is a video giving an outline of the process.
  • louis548
    louis548 Posts: 18 Forumite
    rogerblack wrote: »
    The sicknote is useless - unless it specifically mentions incontinence, or a different condition than the one you initially applied for - you don't need a sicknote if you are in the WRAG.
    The process is:
    You send in an appeal to the DWP.
    The DWP then look at their decision again - a reconsideration - to see if it is 'reasonable' - if you don't supply new evidence, then it would only be overturned if it's clearly wrong.
    If it is wrong, point out in detail why it's wrong in the appeal letter.

    If this does not go in your favour, the file is passed to the tribunal service, and you will get both a copy of the file from the DWP that they send the tribunal service, and a letter asking you if you want to go in person.
    Going in person has a _much_ better success rate.
    removed link as I am new and couldn't reply- this is a video giving an outline of the process.

    It says urinary incontinence.
    Basically I want my GP to write a supporting letter which she will do if they contact her.
    I sent a detailed appeal letter pointing out that I met the conditions for the support group and concentrated on the incontinence as the back problem doesn't meet the criteria as pain, loss of feeling in legs etc doesn't matter!!
    I suppose I have nothing to lose writing again enclosing the sick paper. I will see what they decide.
    Thank you again
  • Raksha
    Raksha Posts: 4,569 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Just wanted to wish you good luck. I'm currently going through ESA process, am just coming to the end if the contributions based year which has been dealt with through sick notes, but I also had an atos assesment last August, I am still waiting for the outcome of that as DWP have sent my documents back to atos for some reason. In the meantime my incontinence has stopped responding to medication which has resulted in regular accidents :( . My dr still cites mental health only on my sick notes, should I insist that incontinence goes on there as well?
    Please forgive me if my comments seem abrupt or my questions have obvious answers, I have a mental health condition which affects my ability to see things as others might.
  • louis548
    louis548 Posts: 18 Forumite
    Raksha wrote: »
    Just wanted to wish you good luck. I'm currently going through ESA process, am just coming to the end if the contributions based year which has been dealt with through sick notes, but I also had an atos assesment last August, I am still waiting for the outcome of that as DWP have sent my documents back to atos for some reason. In the meantime my incontinence has stopped responding to medication which has resulted in regular accidents :( . My dr still cites mental health only on my sick notes, should I insist that incontinence goes on there as well?

    Yes 100% insist that incontinence is on your paper. I was lucky my decision came through quickly but the appeal takes forever.
    Good luck. :)
  • rogerblack
    rogerblack Posts: 9,446 Forumite
    louis548 wrote: »
    pain, loss of feeling in legs etc doesn't matter!!
    Pain matters, especially if you can't use a wheelchair, or sit without discomfort.
    Cannot either

    a) mobilise more than 50 meters on level ground without stopping in order to avoid significant discomfort or exhaustion; or
    b) repeatedly mobilise 50 meters within a reasonable timescale because of significant discomfort or exhaustion.
  • rogerblack wrote: »
    Pain matters, especially if you can't use a wheelchair, or sit without discomfort.

    To us it does, not sure about those making the decisions though :(
    Anyway i am concentrating on the incontinence.
    Thank you again :)
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