Contribution Based ESA - Downgraded from Support Group to WRAG

Rutty

My wife had been in the Support Group for a year when she went for an ATOS medical in January. The first we knew anything had happened was at the end of March when her normal benefit payment had been reduced. (No letter was issued to us informing us of the reduction or downgrading from the Support Group to WRAG.) It was just that I noticed a reduction on our bank statement.

After requesting some info from the DWP we received a letter from them informing us that we can appeal. This we did.

We pointed out that on the ATOS report that the examiner stated that my wife could not pick up a £1 coin. I have read that this is worth 15 points and therefore my wife should be kept in the Support Group.

The DWP have however recently wrote to us saying that our appeal has failed and their decision to put her in the WRAG stands. Is there anything else that we can do?

pmlindyloo

The descriptors for the support group are here:

http://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors

Morglin

Rutty wrote: »

My wife had been in the Support Group for a year when she went for an ATOS medical in January. The first we knew anything had happened was at the end of March when her normal benefit payment had been reduced. (No letter was issued to us informing us of the reduction or downgrading from the Support Group to WRAG.) It was just that I noticed a reduction on our bank statement.

After requesting some info from the DWP we received a letter from them informing us that we can appeal. This we did.

We pointed out that on the ATOS report that the examiner stated that my wife could not pick up a £1 coin. I have read that this is worth 15 points and therefore my wife should be kept in the Support Group.

The DWP have however recently wrote to us saying that our appeal has failed and their decision to put her in the WRAG stands. Is there anything else that we can do?

Have you been to a tribunal, or is this 'appeal' just the Mandatory Reconsideration?

If it is, you need to notify the DWP, that you wish to continue to a full appeal with the Tribunal Service.

nannytone_2

getting 15 points won't gain your wife entry to the support group.
getting 15 points puts qualifies ger for the WRAG.
entry to the support group is dained by meeting one or more of the support group descriptors posted by lindy

HB58

There should be 2 forms saying that the MR was refused. You now send one of these to the Tribunal Service along with your formal appeal against the decision. In order to be allocated to the Support Group your wife must show how she meets the specific Support Group descriptors.

SailorSam

Rutty wrote: »

We pointed out that on the ATOS report that the examiner stated that my wife could not pick up a £1 coin. I have read that this is worth 15 points and therefore my wife should be kept in the Support Group.

Can she not pick up a coin in either hand ?
I'm right handed and injured my right hand, i said i could pick up a coin using my thumb and finger but not then hold and grip it in my hand.
All i was told was ...... but you can pick it up, the question isn't 'can you grip it', and then you've got your left hand you can use.

rogerblack

Rutty wrote: »

My wife had been in the Support Group for a year when she went for an ATOS medical in January. The first we knew anything had happened was at the end of March when her normal benefit payment had been reduced. (No letter was issued to us informing us of the reduction or downgrading from the Support Group to WRAG.) It was just that I noticed a reduction on our bank statement.

As others have mentioned - following a mandatory reconsideration, you can appeal to the tribunals service.

One thing to note - after she has been in the WRAG group for one year (including any time at the assessment rate) total, she will not be entitled to contributory ESA - and will only be entitled to be paid income based. If you have any income, this may eliminate her ESA.