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DMG123

Need some advice, appealing wrag to support group, facing problems.

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Hi

 

I wonder if anyone can offer any advice please.

 

I attended an atos medical for my anxiety/panic disorder in March this year.

 

The nurse scored me 12 points and confirmed id be fit for work within 3 months.

 

This report was sent to a decision maker, who overturned the nurses decision, gave me 18 points and confirmed I should be assessed again in 12 months.

 

I was advised I would have to attend WFI as I was placed into the WRAG group.

 

I spoke to my advisor on the phone who agreed to waive any further interviews due to my condition, and suggested I might hear from her within a year. She also advised I should apply for reconsideration/appeal to the support group.

 

Reconsideration failed, so it has gone to tribunal. Had a letter today to say tribunal has been adjourned as they want my medical reports from my doctor, and also state that as the decision maker overturned the atos decision, this will be looked into and could result in my being taken out of the WRAG and deemed fit for work.

 

This has got me very worried and I do not know what to do. It seems appealing is more hassle than its worth and could prove a disaster.

 

I wanted to ask, since the tribunal has been adjourned, is it possible to cancel the appeal completely and just stay in the WRAG group?

 

Thanks.

 

DMG

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Yes it is possible to withdraw from the appeal, even on the day of Tribunal.

 

Could you copy the wording of the bit about the decision maker overturning the 'Atos decision', - I ask this as the decision maker makes the decision, not ATOS - there is no 'ATOS decision' to be overturned, it is merely a recommendation to the decision maker.


We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Hi

 

Thanks for your reply. When I decided to appeal, the DWP sent me the atos medical report. On this the nurse gave me 2 x 6 points in the mental health areas and suggested a return to work was possible within 3 months.

 

This was accompanied by a report by the DM at the DWP. It states -

 

"Having considered the available evidence, I have determined that Mr *** has scored at least 15 points from the appropriate descriptors and has limited capability for work"

 

Then there is some other blerb, then he states "The HCP has accepted that there is significant problem with anxiety and social phobia in relation to going out and interacting with others. Descriptor b applies for going out and for coping socially. Total score 18 points"

 

That is from the DM at DWP.

 

Tribunal letter today ( I asked for paper tribunal, I cannot go there due to a further problem that has arisen since the ATOS medical)

 

Letter states, Mr *** is strongly encouranged to attend a hearing to give his ac****, he is able to attend hospital, gp appointments and his appeal would benefit from his oral evidence.

 

They would like all clinic letters from hospital/doctor from 1/1/2010 - 1/6/2012

 

Mr *** should be aware that the appeal tribunal can not only consider his placement, or otherwise, into the support group, but also his placement into the group for those with limited capability for work. This is especially so given the changes in score by the decision maker who disagreed with the examiner.

 

The adjournment is ordered because:

To gather information from those treating the appellant and to encourage his attendance. Also to warn him about the possible removal from the group of people demonstrating limited capability for work.

 

**********

 

The reason I cannot physically attend the appeal is I have developed dysphagia around the time of my ATOS medical, its a swallowing disorder, and the slightest amount of stress, literally a 1% rise of stress, gives me a choking sensation and starts to make me panic, as did receiving this letter today. I havent been able to eat or drink, even swallow my own saliva properly since around March 2012 and am taking 2x 5mg of diazepam and amitriptaline 2x 10mg daily. Its causing severe distress, weight loss, and has made my anxiety disorder worse, because both problems seem to be feeding off each other. I am awaiting speech therapy sessions to help with the dysphagia and also CBT for the anxiety relating to it, and for my anxiety disorder.

 

Sorry if thats too much info, and thanks for any help.

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It is not unusual for a Tribunal to warn a claimant if there is a risk their award might be taken away. I have seen it before. Most judges will do an automatic 'you could lose your award' warning at the beginning of Tribunal, and a rep gets to know the difference between the standard and the pointed. My opinion is that this warning is pretty pointed - to write it like that suggests to me that if they cannot get more evidence, then they don't think they have enough evidence to even agree with the decision maker. Not knowing what extra evidence you're able to provide, and not being able to attend yourself, it may be wiser to withdraw the appeal in writing, and then once you get confirmation that the appeal is withdrawn you can always just request that the DWP reassess you on your worsened condition - or wait until your next reassessment.


We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Thank you for the advice, it does seem pretty much black and white to me what they are saying. I will write a letter asking to withdraw from the tribunal and carry on in the WRAG until reassessment. Do I just write to the address on the letter, and state I would like to withdraw from the appeal? If so, once they confirm the appeal has been withdrawn, will things carry on as before until my reassessment in March?

 

Thanks again for the info and suggestions.

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Thank you for the advice, it does seem pretty much black and white to me what they are saying. I will write a letter asking to withdraw from the tribunal and carry on in the WRAG until reassessment. Do I just write to the address on the letter, and state I would like to withdraw from the appeal? If so, once they confirm the appeal has been withdrawn, will things carry on as before until my reassessment in March?

 

Thanks again for the info and suggestions.

 

Yes, write to the address on the letter you have received. Explain that as you are unable to attend, you would like to withdraw the appeal. everything should carry on as normal.


We hang the petty thieves and appoint the great ones to public office ~ Aesop

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I will do this, thanks so much for your advice estellyn, you have been a great help and I really appreciate it.

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I will do this, thanks so much for your advice estellyn, you have been a great help and I really appreciate it.

 

No problem at all. Can I suggest that you get some assistance from a benefit adviser (welfare rights, CAB) when filling in your next ESA50 - although questions regarding the descriptors are on the form, in order to give enough info for a support group decision, more needs to be written freehand in the extra info section - especially in cases such as yours when a little extra stress makes your condition so much worse.

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We hang the petty thieves and appoint the great ones to public office ~ Aesop

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I will definitely do that, I always thought I was pretty good at describing my problems in great detail, but clearly im not good enough and I will definitely get more professional help next time in the hope that I will not have to go through this again. You really have made me feel a lot better, the relief is immense, so thanks again :-D

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