Appeal to go from WRAG to support .. Advice

Cookiee

Hi peeps x I need some advice on behalf of my mum.


We have received her mandatory reconsideration notice and they have turned down my mum's appeal to go to the support group. They have stated that whilst they understand that my mum's condition is now considerably worse, apart from the letter from the GP there is no other medical evidence to support my mums appeal and has been turned down.


We need to appeal but I need some advice on how to do this please. I know I need to complete a SSCS1 form and submit it within 1 month from date of the letter. However I am unsure how to give more evidence than what we have already provided. My mums docs are now requesting £15 per letter and as she has no income (I am actually help supporting them) and I just don't know what other evidence I can provide.


Brief rundown on my mums condition:
She was attacked 6 years ago by a 30 stone lady who has crushed all the nerves in the left side of my mums neck, back and side. She has constant pins and needles as well as shooting pains. She is unable to lift her arm any higher than her stomach (she has a carer who helps her wash her hair, dress when she wee's herself, cook for her during the day).


She has also developed a form of agoraphobia and suffers extreme panic attacks, which 9/10 times results in weeing herself or resulting in shortness of breath and sickness. She has to be accompanied at all times when she does venture out (local shop just before closing or my nan's is the only 2 places she has been able to go but even then recently she has urinated in the shop due to a panic attack) When this happened it took 3 days to convince her that she was ok.


She is unable to walk without a walking stick and more recently has to rely on a wheelchair if the distance is more than 50 feet. I managed to obtain an electric wheelchair for her to use in the garden, which she can manage on a good day.


She is on constant liquid orimorph and other strong painkillers, which can sometimes leave her bedbound.


My mum also has a very very strong fear of hospitals. I was taken ill and rushed to hospital but due to her fear she could not be with me. On several occasions (birthdays, events etc) she has not been able to leave her house due to pain, fear, panic attacks.


She has been recently been talking about killing herself and I am in fear of one day getting a call saying she has overdosed. She has gone from a police office, community carer, active and social woman to a frail, constantly in pain and fear shell of a woman and I just don't know how to help. The pressure of now the DWP telling her they feel she can work is a joke and I need to do all I can to try and take this stress from her so she can focus on the more important issues of getting some form of quality of life.


At the moment she only gets motability car and mid level DLA. She had her CB ESA stop in April so she gets approx. £160 a month.


What is the best way to approach the tribunal? Would I be able to attend in her place? We was hoping to record a message and take it with me from her.


Thanks for reading (I know it was long x) and look forward to getting your advice x

Indie_Kid

Has your mum looked at the support group descriptors to see which one(s) she meets?

Can her carers provide any evidence?

Cookiee

Hi Indie thanks for replying.


I am looking into the descriptors but not sure which one/s she would come under.


My sister is her registered carer and we are going to get a statement from her, as well as one from my dad, nan and was going to ask the shopkeeper to give a statement on how he helps her.

Indie_Kid

Also, depending on why she gets DLA, might be relevant as there's some cross over in the criteria for both.

Chorlie

I managed to be moved from the WRAG to the Support Group on appeal after I was placed again in the WRAG when I had my renewal. I didn't have to have another medical or interview, I just received a letter a few weeks later stating I was now in the Support Group.

What I did was read everything I could find on ESA appeals / Support Group several times and try to learn how the process works. In short you have to meet just one of the Support Group descriptors (see pages 26-28 on this link)

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/248826/esa214-rev-oct2013.pdf

If you feel she meets one or more of those than you have to state this on the appeal, I felt I meet just 1 of these and I wrote a full A4 sheet explaining in full, I went into graphic details but was always 100% honest. If you feel she meets more than one use all that apply; forget those that don't. You must stay 100% relevant to just the descriptors that apply.

For me it was an open / shut case I'm disabled and very easy to prove what I stated, but for someone (not sure if this will be your mother or not) who's disabilities are more hidden than a letter from her GP / Specialist to confirm everything you have stated will help your case and she may need another ESA medical.

As Indie Kid states, if she is getting DLA for any of the Support Group descriptors than stating this and confirming what was written on the DLA application form can also help. This IMHO is the reason that you need to be 100% in all dealings with the benefit agency, if you state the same on all forms and all GP letters etc confirm the same, it's then easier for the agency to look at all applications and see the same has been stated over again.


Edit:-

I'll add some more links to the resources I used for my appeal:-

http://www.adviceguide.org.uk/england/09070300_ews_esa_support_group_appeals_guide.doc

http://www.adviceguide.org.uk/england/benefits_e/benefits_sick_or_disabled_people_and_carers_ew/employment_and_support_allowance.htm#h_appealing_against_an_employment_and_support_allowance_decision

http://www.dls.org.uk/advice/factsheet/welfare_benefits/employment%20support%20allowance/Employment%20Support%20Allowance%20-After%2028th%20March%202011.pdf

http://www.dls.org.uk/advice/factsheet/welfare_benefits/employment%20support%20allowance/Employment%20Support%20Allowance%20Appeal%20%20Decisions.pdf

Cookiee

Chorlie you are fab thanks hun x


These will really help. What I need to know is will I be able to go on her behalf and can we use a video statement from my mum at the appeal?

Chorlie

Cookiee wrote: »

Chorlie you are fab thanks hun x


These will really help. What I need to know is will I be able to go on her behalf and can we use a video statement from my mum at the appeal?

I've not heard of that being done, but I think you're running before you've started to walk.

Just fill in the Appeal form (GL24 if that's what they are still using), include a separate A4 sheet (or several) explaining in full why she should be in the Support Group (but keep it 100% relevant to the Support Group descriptors and get as much additional information from GP / Specialists etc to confirm what you're stating on the appeal form.

I did nothing more and was moved to the Support Group without anything else. If she has to go to a face-to-face appeal than she should go, it maybe be very hard for her but if the appeal panel sees this it may help her case, while doing it over video they can't see her and may also think she has something to hide.

Cookiee

Hi all x Thanks for all your links. We have now completed the SSCS1 form and have gotten additional evidence from my mums gp. So now we are just waiting for the appeal date :-)

Cookiee

Dear all
Thank you all for your advice. I just wanted to update you all that we went to the tribunal yesterday and after 20 mins they put my mum into the support group with a 24 month review. Its the best outcome we were hoping for. Just waiting now for them to confirm the backdate payments and for the future payments to start. This will help so much with medical expenses.


Thanks again x

JaneDoeJohnDoe

Just two months for an appeal to be heard? That's quick isn't it?

Cookiee

That's what we thought. But we originally sent the appeal back in feb with the first review and reject from DWP in May. We have had 2 revised checks and both still said my mum was fit to work (even though she cant walk more than 25m, takes strong painkillers, is agoraphobic and has bladder issues). After the final review from DWP, we completed the GLA50 form and the appeal date came through in October with the appeal last Friday.


So whilst it appears to have been quick, it has been 9 months from the start.