esa reassessment and wrag

gior

Hi
I have been reassed recently. My advisor in the job centre told me i am placed in esa wrag but I didn't get the decision letter.i am going to call the DWP. But I still not decided whether to appeal. But my advisor pushing me to do some courses as part of the work related activity. That is difficult for me to do with my medical conditions. so can you explain ne what the work related activity? And what do you think if I appeal?!
Thanks

i

pmlindyloo

gior wrote: »

Hi
I have been reassed recently. My advisor in the job centre told me i am placed in esa wrag but I didn't get the decision letter.i am going to call the DWP. But I still not decided whether to appeal. But my advisor pushing me to do some courses as part of the work related activity. That is difficult for me to do with my medical conditions. so can you explain ne what the work related activity? And what do you think if I appeal?!
Thanks

i

Have you asked your advisor what these courses are about? Why do you think that you would be unable to do them?

If you wish to appeal the decision to place you in the WRAG group then I suggest that you look at the support group descriptors and see if you meet at least one of the decriptors.

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

Newly_retired

You can't appeal without a decision letter.
You then have one month from the date on the letter to ask for a Mandatory reconsideration. If the decision is not changed then you can appeal.

rogerblack

Newly_retired wrote: »

You can't appeal without a decision letter.
You then have one month from the date on the letter to ask for a Mandatory reconsideration. If the decision is not changed then you can appeal.

This is not the case.
You can appeal if you do not have the letter, in just the same way that you'd appeal if you do have it.
Problems may arise if it's then denied it was an appealable decision, but that is a different thing.
You have one month, but late appeal can be made up to a total of 13 months later.
If they have made a decision that was appealable, but not sent you a letter at all - then the appeal deadline doesn't start to run until they do.

nannytone_2

have you looked at the support group descriptors?
if you feel that any apply to you then you should appeal the secision

TELLIT01

Work related activity is training etc which may help you to find employment. Being placed in the WRAG indicates that the expectation is that your condition will improve over time and there is a possibility / probability that you will eventually be in a position to seek employment.
You must remember that ESA assessments are all about the work that you are capable of undertaking, not the work which you are not capable of. For example somebody who has always done heavy manual labour may develop a chronic back problem, that does not prevent them doing other work which would not require heavy labour. Whether they would be able to find such work in competition with others experienced in other areas is a different question and not part of the assessment.

epitome

rogerblack wrote: »

This is not the case.
You can appeal if you do not have the letter, in just the same way that you'd appeal if you do have it.
Problems may arise if it's then denied it was an appealable decision, but that is a different thing.
You have one month, but late appeal can be made up to a total of 13 months later.
If they have made a decision that was appealable, but not sent you a letter at all - then the appeal deadline doesn't start to run until they do.

TAS will not accept an appeal without a MRN. You can send an "appeal" letter to the DWP and it will be treated as a request for a MR, still won't be an appeal though.

little_monkey

I had a WCA in feb 2013 and i got a letter in June same year saying i had to go for interview at jobcentre.I have never had a decision letter,even after several request by recorded delivery.I appealed without getting a decision letter to be put in support group from WRAG which i just presumed i was in as i did'nt get a decision letter.

I have also to point out two more errors in my experience with all this.The HCP used an ESA50 that had been used before,over 8 months before,the same ESA50 that was used for an earlier WCA that i had appealed against the outcome.I was ordered to go to the WCA in FEB 2013 without having the opportunity to fill in another ESA50.I did ask.

I never heard anything or got any replies to my request for information,then in june this year i was told i can't appeal as its 12 month,i complained,and won,and they sent me to an appeal which i lost 2 week ago.

I also asked for all the other documents,ESA85 etc and never got them.

little_monkey

epitome wrote: »

TAS will not accept an appeal without a MRN. You can send an "appeal" letter to the DWP and it will be treated as a request for a MR, still won't be an appeal though.

whats MRN and MR stand for? and TAS??

rogerblack

epitome wrote: »

TAS will not accept an appeal without a MRN. You can send an "appeal" letter to the DWP and it will be treated as a request for a MR, still won't be an appeal though.

This is a fairly meaningless point.
If the claimant hasn't tried to appeal - there will be no MRN - as there has been no MR.
The process of appealing starts out with contesting a decision - which does not have to have a copy of the decision letter.
This is always done through the DWP.

Then a MRN is in principle sent by the DWP, and the rest kicks off. but we're not at that stage yet.

The initial point in the appeal - whether or not there has been a letter sent after a decision - is exactly the same.

rogerblack

little_monkey wrote: »

whats MRN and MR stand for? and TAS??

Once you have had a Mandatory Reconsideration (MR) of any decision made by the DWP after you challenge a decision, you are sent a Mandatory Decision Notice. (MRN).
You forward this, along with why you're not happy with the resolution to the Tribunals and Appeals Service (TAS).
Then your appeal is heard by the them some-time later.