Moved from Support Group to WRAG

Lucy7

I have been in the Support Group for 4 years, I was in the WRAG for 12 months then had an assessment with ATOS and found fit for work, I went to MR and the decision was overturned and I was placed in Support Group. I have anxiety/stress and depression.

I recently had a Medical Assessment (Friday 13th April). Since my previous medical 4 years ago my condition has got much worse, especially over the last 6 months due to personal family illness.

During the medical I got extremely distressed and the woman said that she was going to write to my Doctor. This is what she has written "Poor mental state today, very anxious and states self neglect. Has some suicidal thoughts, but no plans to act. Also has a lump on her right forearm. She can keep herself safe until sees you."

On Wednesday morning I got a phone call from the Job Centre to arrange a meeting, the woman told me that I had been placed in the WRAG.

On Thursday I received the DM letter. I scored 21 points.

This is what it says:

"Starting a task and finishing it to the end - 6 points

She frequently cannot, due to impaired mental function, reliably initiate or complete at least 2 personal actions.

Coping with getting about on your own - 6 points

Miss **** is unable to go to new places alone due to her anxiety and has to be accompanied, she is unable to get to a specified place with which the claimant is unfamiliar without being accompanied by another person.

Dealing with other people - 9 points

She avoids social contact and uses elf service (their words) tills and does not answer the door or the phone. Engagement in social contact with someone unfamiliar to the claimant is always precluded due to difficulty relating to others or significant distress experienced by the individual.

The Decision Maker has proceeded to consider whether Miss ***** has Limited Capabilit6y for Work Related Activity (LCWRA). Having further examined the available evidence the Decision Maker has decided that none of the descriptors contained in schedule 3 of the ESA Regulations apply.
Consideration has also been given to Regulation 35(2) of the employment and support allowance regulations, however, based on the evidence supplied from both the claimant and medical professionals the Decision Maker has decided that there would not be a substantial risk to the mental or physical health of any person if the claimant were not found to have limited capability for work related activity.
The condition history does not suggest there would be a substantial risk to the mental or physical health of Mrs *** is (their words) she was found to be capable of work related activity. Mrs ** has no self harm thoughts and has not made any self harm attempts.
As a result Miss *** continues to be entitled to Employment and Support Allowance with the Work Related Activity component from 17/04/18."

There is no mention of the fact that during times of stress (often recently) I have difficulty eating, in fact I don't eat at all, in the last month I have lost 2 Stone.

Really did not expect the decision so fast, don't know why I have become Mrs in the final paragraph, the DM must really have been thinking about what they were writing.

I am considering going to MR, I know I need to ring and ask for the Written Report, do I just ring the number at the top of the DM letter? If I ask for that and the assessors report do I have to say then that I am going to MR?

If I go to MR is there any chance of them changing the decision to Fit for Work? If so what happens then?

I really could not go through signing on for Job Seekers.

I have a Doctors appointment on 1st May (first one I could get), the appointment at the Job Centre is 2nd May.

I really am unsure what to do.

Any advice would be welcome.

poppy12345

What you need to do first is have a look at the Support Group descriptors and see which one applies to you, or reg 35. You need to decide which one if any applies so you can base your MR letter on that.
https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors

Asking for the MR you do risk losing what you already have. The decision could also put you back into the support Group or it could stay the same. Most MR decisions stay the same.

You'll need to put your request in writing, stating why you think you should be in the Support Group, sending in any extra evidence you have.

I wouldn't mention the MR request when ringing to ask for a copy of the assessment report. I would wait until you have that report, if possible. Receiving the report could take 10 days or so and you only have 1 month from the date of the decision to request the MR so be careful of the timescales.

poppy12345

If you're found fit for work after the MR then you would need to check what's in your area. If it's a full Universal Credit area then it's this you would need to claim not JSA. Most MR decisions remain the same but there's still a chance it can go either way.

Lucy7

Thanks for the reply, do the DM always follow what the assessors say? She wrote to the doctor that I have suicidal thoughts yet the DM states that I have no self harm thoughts? It doesn't make sense that she would not put that in the report. I don't understand at all. The wording on where I scored point is also so close to the wording in the descriptors for the support group? I guess there is no way of knowing until I can see the report.

Alice_Holt

Could you cope with ESA work focused activities?
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/about-the-esa-groups/

If these are likely to cause you stress and lead to eating difficulties, and you would find attendance problematic - then it would be worth thinking about an MR as non attendance of WRAG activities may give rise to sanctions.

As poppy said an MR request does mean the award will be looked at again, but having just been awarded 21 points it's very, very unlikely it would result in you being found fit for work.

Reg 35 seems the obvious grounds to get you back into the SG.
"There is no mention of the fact that during times of stress (often recently) I have difficulty eating, in fact I don't eat at all, in the last month I have lost 2 Stone."
Is this why you were placed in the SG previously?
http://www.cpag.org.uk/content/making-exception

I would suggest talking about this with your GP, and ask them if they would be willing to write a brief note confirming that participation in WRAG activities would pose a significant risk to your health. If they agree then you could appeal on these grounds.
If you don't think you could cope in the WRAG and your GP agrees and provides evidence to this effect, I think the worst outcome to an MR is that you remain in the WRAG and then need to proceed to appeal.
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/challenging-an-esa-decision/

https://www.leicester.gov.uk/media/178163/mandatory-reconsideration-request.pdf

poppy12345

Lucy7 wrote: »

Thanks for the reply, do the DM always follow what the assessors say?

It's rare not for them to go with the report, but it has been known for them to go against it.

Lucy7

Alice: I don't know if that regulation was in effect then, I was put in Support Group because I scored 15 points on the uncontrolled behaviour descriptor, I don't know why as I had previously scored 0 on that descriptor, think maybe the DM was just looking to award me SG and that descriptor was the last one?

I telephoned them this morning and after holding for nearly an hour got through and asked them to send the reports, the woman took the details and said it may be a week or so as they don't look at the messages for a couple of days, if I don't hear by the end of the week I am to ring back and they will fast track the action.

Guess I will just have to wait now and see what my doctor and the reports say.

Lucy7

I am still waiting for the reports, I think it has been a total mess, just received two copies of the same letter about my council tax benefit (thankfully I own my terraced house so don't have rent) the DWP have told them that my ESA has been stopped so they have suspended my claim for council tax support! Now asking for proof of income etc! Why would DWP do that?

I cannot believe how fast this has happened, will ring them Monday to see what is happening to the reports, don't really want to ask for MR until I have seen them.

I really don't need all this at the moment especially when everywhere is closed and I cannot get any answers until Monday. Feel like the DM was set on getting me off ESA altogether for some reason.

aimee0763

Lucy7 wrote: »

I have been in the Support Group for 4 years, I was in the WRAG for 12 months then had an assessment with ATOS and found fit for work, I went to MR and the decision was overturned and I was placed in Support Group. I have anxiety/stress and depression.

I recently had a Medical Assessment (Friday 13th April). Since my previous medical 4 years ago my condition has got much worse, especially over the last 6 months due to personal family illness.

During the medical I got extremely distressed and the woman said that she was going to write to my Doctor. This is what she has written "Poor mental state today, very anxious and states self neglect. Has some suicidal thoughts, but no plans to act. Also has a lump on her right forearm. She can keep herself safe until sees you."

On Wednesday morning I got a phone call from the Job Centre to arrange a meeting, the woman told me that I had been placed in the WRAG.

On Thursday I received the DM letter. I scored 21 points.

Any advice would be welcome.

I'm confused I thought if you scored 21 points that should be enough for the support group?

aimee0763

Lucy7 wrote: »

I am still waiting for the reports, I think it has been a total mess, just received two copies of the same letter about my council tax benefit (thankfully I own my terraced house so don't have rent) the DWP have told them that my ESA has been stopped so they have suspended my claim for council tax support! Now asking for proof of income etc! Why would DWP do that?

I cannot believe how fast this has happened, will ring them Monday to see what is happening to the reports, don't really want to ask for MR until I have seen them.

I really don't need all this at the moment especially when everywhere is closed and I cannot get any answers until Monday. Feel like the DM was set on getting me off ESA altogether for some reason.

Sorry to hear what happened with your benefit as mentioned in my post I though scoring 21 points is enough for the Support Group? ESA is supposed to take people off benefit and make them go to work that's what I saw in one of those benefit programmes on TV. My friend was lied to by Maximums before she's even had a f2f assessment.

Once their lies was exposed they cancelled the f2f and send her files back to another Maximus branch for a review staff gone from being aggressive way of communication to sounding very apologetic and said there is no date for a f2f appointment anytime soon they are waiting for a letter from my friend's gp as further medical evidence and that her files will go through a review.

I hope you get your ESA sorted.

Alice_Holt

aimee0763 wrote: »

....... as mentioned in my post I though scoring 21 points is enough for the Support Group?
ESA is supposed to take people off benefit and make them go to work that's what I saw in one of those benefit programmes on TV.

Both these statements are completely wrong.

1) To get into the SG these criteria apply:
https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors
And reg 35:
http://www.cpag.org.uk/content/making-exception
"Qualifying for the support group of employment and support allowance is not about scoring points. Instead, if the decision maker accepts that any of these descriptors apply to you, then you will be placed in the support group.

2) ESA is a benefit payable to claimants assessed as too ill or disabled to work.