ESA, been put into WRAG...how do I appeal?- UPDATE - success! :-)

emmafifema

Hi,

After numerous calls the the DWP and then ATOS I found out yesterday that they have had my ATOS report for 7 weeks and not even looked at it!
They made a decision within an hour of discovering this and have put me into the WRAG group......I have looked at the descriptors for Support group and I meet at least one of them as I can't walk 50m without increased pain or having to stop. I am on high rate mobility DLA because of this and have been referred for treatment at a neuro center because of the pain etc.
I have heard that I can write a letter to ask them to reconsider their decision but I don't know what I need to put in the letter/how to word it etc??
Could someone help me or point me in the right direction please?
xx

Torry_Quine

You have one month from the date of the decision letter to appeal. You need to phone the number on the letter and ask for them to send you all the information they used to make the decision and tell them you are appealling. You can then send in your appeal pointing out the discrepancy between how they've decided and your actual situation. The form to appeal is GL24

benefitbaby

Don't forget to bear in mind that the descriptor relates to your ability to 'mobilise' not to be confused with walking! They will look at your ability to self-propel a manual wheelchair (you don't have to have one) so if you have difficulty sitting, leaning forward, upper body, spinal pain etc describe this in the appeal.

emmafifema

Thanks for your replies, very helpful.....Just a quick explanation of my problems:
I had a slipped disc in 2011 and after having an MRI it was discovered that my spine had collapsed at the bottom due to Spondylolisthesis of the spine. As a result I have had the disc removed and my spine fused with a cage and screws. The operation has left me in great pain in my lower spine and pain penetrating from that area right down my legs. I also have a lot of nerve damage to my left leg which was the leg I had the sciatica in pre op and as a result it gives way on me a lot. I walk with crutches most of the time but also use walking sticks.
I can't lift anything heavy as it causes greater pain, my parents come in and do basically everything for me and I can't stand up for very long before the pain increases massively becoming unbearable. I also can't sit comfortably for long and am constanly repositioning myself because of the pain. I am on 20 something tablets a day due to all of this and the side effects are terrible
I don't sleep well at night because of the pain and I sleep on and off all day because of that and the meds.

Sorry thats as brief as I could make it lol.

Horseunderwater

Specifically ask for form ESA85 when you ring to ask them to send you information as this will detail what was recorded in your WCA face to face assessment at the ATOS and it is this that forms the basis for the decision to put you into the WRAG grouping. It may even be that it states to put you into Support group and that a mistake has been made. But until you get it you will not know.
When you completed form ESA50 - did you detail your medication and how it affects you along with your pain and relate it to the support group descriptors? You have to tell them everything in detail warts and all not matter how embarrassing you find it.

Harrysmate

Emmafifemma.....................My problem is very similar to yours. I had spinal surgery 14 years ago because of a collapsed disc which trapped the nerves at the base of my spine. The surgery was (relatively) successful in as much as it restored the function of my bowel and bladder which I had lost when the nerves were trapped. I was also completely numb all around my midriff and left thigh/leg.

Whilst I am eternally grateful for the successful outcome of the surgery, I am left with considerable problems with neuropathic pain and sciatica in my thigh, lower leg and foot. This is almost constant, except when in bed. This, combined with the residual bowel/bladder problems is called cauda equina syndrome.

The current DWP guidance for this complaint shows that claimants for this 'rare condition' (and who have suffered for over 1 year) should be given an 'indefinite award'. This is current as of October 2012. I think in those circumstances, if you are fairly and properly assesses, you will have no problem getting what you are entitled to. This is your complaint as described on the DWP site:

Spondylolisthesis

Diagnosed Less than 5 years = 5 year award

Diagnosed More than 5 years = Indefinite award


(Unfortunately, as a 'newbie' I am not allowed to post the relevant link, so have had to describe the details !!)

I also find that sitting and standing for lengthy periods is painful, walking is a chore and extremely painful and I receive DLA Mobility (higher rate) as a result. I use a walking stick most of the time as I have no feeling in the sole of my foot.

I have been led a torrid merry dance by ATOS over the last few months being sent for assessments and medical examinations, then having them cancelled when I get to the Medical Centre. All this, despite me sending a letter from my professional health carers, indicating that I was unfit for work. They have treated me throughout, ATOS have never previously met me.

This morning, the DWP rang me personally, to tell me that following my 'medical examination and assessment' I was being placed in the ESA 'Support Group' and would not be further assessed for at least 3 years.

It's been a very tough and uncertain few months in our house because we faced critical financial hardship if my benefits were to be reduced or stopped. Thankfully we can relax a bit and look forward to a less stressful and more certain future. I can tell you that there were tears of relief at this news.

I hope it all goes your way, because I can envisage exactly what your day-to-day problems are. Stick with it and I wish you the best.

emmafifema

Harrysmate wrote: »

Emmafifemma.....................My problem is very similar to yours. I had spinal surgery 14 years ago because of a collapsed disc which trapped the nerves at the base of my spine. The surgery was (relatively) successful in as much as it restored the function of my bowel and bladder which I had lost when the nerves were trapped. I was also completely numb all around my midriff and left thigh/leg.

Whilst I am eternally grateful for the successful outcome of the surgery, I am left with considerable problems with neuropathic pain and sciatica in my thigh, lower leg and foot. This is almost constant, except when in bed. This, combined with the residual bowel/bladder problems is called cauda equina syndrome.

The current DWP guidance for this complaint shows that claimants for this 'rare condition' (and who have suffered for over 1 year) should be given an 'indefinite award'. This is current as of October 2012. I think in those circumstances, if you are fairly and properly assesses, you will have no problem getting what you are entitled to. This is your complaint as described on the DWP site:

Spondylolisthesis

Diagnosed Less than 5 years = 5 year award

Diagnosed More than 5 years = Indefinite award


(Unfortunately, as a 'newbie' I am not allowed to post the relevant link, so have had to describe the details !!)

I also find that sitting and standing for lengthy periods is painful, walking is a chore and extremely painful and I receive DLA Mobility (higher rate) as a result. I use a walking stick most of the time as I have no feeling in the sole of my foot.

I have been led a torrid merry dance by ATOS over the last few months being sent for assessments and medical examinations, then having them cancelled when I get to the Medical Centre. All this, despite me sending a letter from my professional health carers, indicating that I was unfit for work. They have treated me throughout, ATOS have never previously met me.

This morning, the DWP rang me personally, to tell me that following my 'medical examination and assessment' I was being placed in the ESA 'Support Group' and would not be further assessed for at least 3 years.

It's been a very tough and uncertain few months in our house because we faced critical financial hardship if my benefits were to be reduced or stopped. Thankfully we can relax a bit and look forward to a less stressful and more certain future. I can tell you that there were tears of relief at this news.

I hope it all goes your way, because I can envisage exactly what your day-to-day problems are. Stick with it and I wish you the best.

Your post has been extremely helpful as others above too. But is there any way you could pm me with the link as it would be so useful to see. I am waiting for the paperwork to arrive saying Wrag but come Monday I will be calling asking for the relevant forms/reports etc as advised.
When I was diagnosed with Spondylolisthesis I was under the impression that the spinal fusion surgery would basically correct it and I would no longer have the condition but I have since been told that once you have it it can affect more of your spine even though you've had a fusion - do you see this as correct?

Harrysmate

I've sent one pm, but need to send another, which I can't do for another hour because of this 'newbie' thing !!??

Click the 'prognosis' link for your specific condition.

Harrysmate

On the link I sent you, look on the left hand side where it says 'Prognosis'. Click on that.

You will then see your condition specifically mentioned on there when you scroll down the page.

boysim34

to be honest emmafifema I can't see you being put into the support group. my partner has uncontrolled epilepsy, chrons disease which leads to bowl problem's, and he was put into to work related group

KxMx

boysim34 wrote: »

to be honest emmafifema I can't see you being put into the support group. my partner has uncontrolled epilepsy, chrons disease which leads to bowl problem's, and he was put into to work related group

There is no reason your partner cannot also appeal to be put into the support group if you feel he meets one of the support group descriptors.

Many on the forum here have been successful with this. ATOS judgement is not the best after all and that's putting it mildly!