ESA WRAG with a sick note. Confused.

Mellow69

I have a sick note stating I am unfit for work, I put in a claim for ESA and they have advised I am to be in the WRAG group, from what I've read on the gov website it states I could be put on community work placement. How can this be if my own GP has raised a sick note? Can this be challenged?

Also I understand to raise a Manditory Reconsideration on ESA it has to be done within 30 days is this correct? I have yet to receive the report from them.

Thanks in advance

tomtom256

Mellow69 wrote: »

I have a sick note stating I am unfit for work, I put in a claim for ESA and they have advised I am to be in the WRAG group, from what I've read on the gov website it states I could be put on community work placement. How can this be if my own GP has raised a sick note? Can this be challenged?

Also I understand to raise a Manditory Reconsideration on ESA it has to be done within 30 days is this correct? I have yet to receive the report from them.

Thanks in advance

Its the argument of you may not be fit for the current role you do, but you may be fit to do a different role. My crystal ball isn't working so can't really say.

Obviously you can do a mandatory reconsideration and then an appeal, if you should be in the support group.

KxMx

ESA decisions trump GP sick notes.

Yes the MR is time limited.

To get awarded the Support Group you have to meet one of specific descriptors

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

Ames

There are two groups in ESA. There's the Work Related Activity Group, where you're expected to do work towards being able to find a job in future. This can be basic courses and work placements.

Then there's the Support Group, where you're treated as having 'limited capacity for work related activity' and they leave you alone.

Can I just check where you are in the process. You've applied for ESA, filled in the form, had a face to face (or letter saying you need one) and had a decision letter telling you which group you're in?

You have a month from the date on the decision letter (they can take a couple of weeks to arrive so check the date carefully) in which to ask for a Mandatory Reconsideration. You need to read KxMx's link and work out on what grounds you meet the support group descriptors and explain this in your MR request letter.

Very few MR requests are successful. I don't know what the stats are for ESA but for PIP it's 20%.

When your MR is turned down you then go to appeal. You get a hearing in front of a tribunal. It has a much higher chance of success if you go in person to explain to them your health problems.

Regardless of your fit note (the new, correct name for a sick note), you have to engage with whatever work related activity the jobcentre send you on. If you don't engage you can be sanctioned and your money stopped. They're supposed to take into account the limitations caused by your health condition.

It's worth remembering in all this that ESA isn't about whether or not you can work. It's about whether or not you fit the rules for ESA. In any medical evidence you gather, it has to relate to ESA descriptors and support group criteria. Just a letter from a medical professional saying 'Mellow 69 is unfit for work' will be useless. You could have letters saying that from every doctor in the country and nothing will change. They have to explain why you qualify for ESA.

Mellow69

Ames wrote: »

Can I just check where you are in the process. You've applied for ESA, filled in the form, had a face to face (or letter saying you need one) and had a decision letter telling you which group you're in?

You have a month from the date on the decision letter (they can take a couple of weeks to arrive so check the date carefully) in which to ask for a Mandatory Reconsideration. You need to read KxMx's link and work out on what grounds you meet the support group descriptors and explain this in your MR request letter.

I've had my face to face assessment and have been notified by phone that I have been put in the WRAG group, still awaiting the letter.
My issue is I can not get out of my house on my own due to steps. I have a condition that affects my mobility, I use crutches around the house and a wheelchair for trips to the supermarket. I struggle to manage 10 meters. I can no longer drive my car as it is a manual so I have no idea how they expect me to attend the Job Center. I also have a nurse who visits me at home weekly for medication. I've sent them 20 pages of evidence from doctors and hospitals valid from the last 6 months. I've not been on benefit before.

Ames

The DWP don't take into account the specifics of your situation. It doesn't matter that you can't get out of *your* house. In particular, if they deem you can use a wheelchair then even if you don't, you're deemed able to mobilise the distance they specify.

It's possible that the Job Centre will agree to have meetings by phone. You need to go to the first appointment to discuss your limitations with them.

Have you looked at the link in KxMx's post? Everything about ESA is about descriptors and regulations. If your 20 pages of evidence doesn't back up why you meet x,y, or z then it's worthless.

If you've never applied for benefit before and don't understand the rules (that's not a criticism, most people are in the same boat) then you need to get help from CAB or another organisation.

If you can face it, applying for PIP could help you. It's about the care and mobility needs you have. It's similar to ESA though in that you need a certain number of points, and have to apply bearing that in mind. Again, help from a benefits specialist would be useful for you.

Mellow69

Thank you for all your replies, I will check through the link and look at going for the MR. I will also speak to my GP and chase up the CT scan I am waiting on. Thanks again.

w06

Mellow69 wrote: »

I've had my face to face assessment and have been notified by phone that I have been put in the WRAG group, still awaiting the letter.
My issue is I can not get out of my house on my own due to steps. I have a condition that affects my mobility, I use crutches around the house and a wheelchair for trips to the supermarket. I struggle to manage 10 meters. I can no longer drive my car as it is a manual so I have no idea how they expect me to attend the Job Center. I also have a nurse who visits me at home weekly for medication. I've sent them 20 pages of evidence from doctors and hospitals valid from the last 6 months. I've not been on benefit before.

You'll need to get to the job centre in the same way as you get to the supermarket

Don't panic though, work related activity includes things like getting up regularly at 'going to work time', writing a cv, keepign in touch with colleagues, it's not just about going to training courses. The work coach will set your commitments dependent on your abilities