Put in the WRAG after appeal, but think I should be in the Support Group

[Fairywings54]

Hi Everyone

I had an ATOS Medical last September and was found fit for work. I appealed last October straight away on a GL24 and last week was awarded WRAG, bu,t and this is the but,I have new evidence come to light to state that I should not at any cost work and my GP supports this.

 

If I appeal again to be placed into the Support Group how do I do this and will I lost my benefit in the meantime that I have just fought for and won? I know that I have to see a personal advisor to continue to receive my benefit but my GP says that this is not possible. Where do I stand now? Any help would be appreciated.

[honeybee13]

Hello Fairywings.

 

I've started a new thread for you rather than having your question on someone else's, it causes confusion. I'm sure the guys will be along later with advice for you.

 

My best, HB

[RaeUK]

You were placed in WRAG on the evidence available at the time of your failed WCA assessment. If evidence of further debilitation is now available, than you can provide that to the DWP as a change in your condition. I'm not entirely sure of the fancy word for this but suspect it's along the lines of a 'supersession' ...

[Fairywings54]

Thank you very much RaeUK but I am still unsure of what to do next as I see my GP tomorrow morning again and I have to ask for his help yet again because there is no way I can attend to see a WRAG personal advisor. I realise that I have been deemed fit for some kind of work BUT it still remains that I have been to the hospital and my GP says it is impossible for me to work and my new x-rays demonstrate this quite clearly. I have had a few falls this year which my GP states are all to do with the nerves in my legs also, another reason he says I cannot work.

 

It took my six months to be placed into the WRAG Group but I should have been placed in the Support Group.

 

Where do I go from here?

 

Any help from you fellow caggers would be appreciated.

[estellyn]

Thank you very much RaeUK but I am still unsure of what to do next as I see my GP tomorrow morning again and I have to ask for his help yet again because there is no way I can attend to see a WRAG personal advisor. I realise that I have been deemed fit for some kind of work BUT it still remains that I have been to the hospital and my GP says it is impossible for me to work and my new x-rays demonstrate this quite clearly. I have had a few falls this year which my GP states are all to do with the nerves in my legs also, another reason he says I cannot work.

 

It took my six months to be placed into the WRAG Group but I should have been placed in the Support Group.

 

Where do I go from here?

 

Any help from you fellow caggers would be appreciated.

 

Did it go to Tribunal, or did the DWP change their decision?

[Nystagmite]

In order to get into the support, you must meet one of the criteria here

[Fairywings54]

The DWP changed their decision and I got it in writing last week.

[Fairywings54]

Nystagmite I do meet one of those criteria that I have looked at even moreso now. This is a minefield to me though. I am on High Rate Mobility and Low Rate Care of DLA.

[estellyn]

The DWP changed their decision and I got it in writing last week.

 

You can appeal this decision (from last week), as long as you can show you met the support group criteria at the time of the ATOS assessment (your gp may be able to help with this). Be aware, that at Tribunal, there is always a small chance of your whole ESA award being removed, so just be sure you meet at least one support group criteria, and have evidence to back it up, and can show that ATOS were mistaken in their assessment.

[Fairywings54]

Hi estellyn I have evidence at the time of the ATOS assessment that states that I am on high rate dla mobility and low rate care and the ATOS assessor knew this full well but chose to ignore it. I was told at my full body scan last year before ATOS that I have bad knees and also at my Bone scan.

 

Anyhow to cut a long story short I now find myself in the position whereby I am being put forward for a double knee replacement by my GP due to the recent x-ray results. I cannot walk far and also have a blue badge. My GP is certain of the fact I meet one of the conditions in the support group criteria and so is my pain management consultant who has agreed to place me on Morphine.

[Nystagmite]

Your DLA award doesn't matter.

[estellyn]

Hi estellyn I have evidence at the time of the ATOS assessment that states that I am on high rate dla mobility and low rate care and the ATOS assessor knew this full well but chose to ignore it. I was told at my full body scan last year before ATOS that I have bad knees and also at my Bone scan.

 

Anyhow to cut a long story short I now find myself in the position whereby I am being put forward for a double knee replacement by my GP due to the recent x-ray results. I cannot walk far and also have a blue badge. My GP is certain of the fact I meet one of the conditions in the support group criteria and so is my pain management consultant who has agreed to place me on Morphine.

 

As nystagmite says, your DLA is ignored for assessment purposes, and to get the support group descriptor for mobilising, you have to explain and provide evidence as to why you can't mobilise using a wheelchair - whereas for DLA, they don't take ability to use wheelchair into account.

[abc123def]

Just to say that being in the wrag doesn't mean you are fit for work, it is part of esa. You would need to attend some face to face interviews just to talk about what could help you prepare towards work at some stage in the future.

[Nystagmite]

With those interviews, you don't have to actually do anything. You can choose to look at training, etc. though.

[coledog]

Hi Everyone

I had an ATOS Medical last September and was found fit for work. I appealed last October straight away on a GL24 and last week was awarded WRAG, bu,t and this is the but,I have new evidence come to light to state that I should not at any cost work and my GP supports this.

 

If I appeal again to be placed into the Support Group how do I do this and will I lost my benefit in the meantime that I have just fought for and won? I know that I have to see a personal advisor to continue to receive my benefit but my GP says that this is not possible. Where do I stand now? Any help would be appreciated.

 

Hi Fairywing54

 

Do not try to appeal the tribunal decision, not worth it. You need a new application to DWP to state that you have deteriorated medically since the assessment either using the ESA descriptors or Section 32 which I will explain later. This will be supported by medical evidence. Can you please let me know the exact wording of your tribunal judgement and which categories you were allocated points for. It is possible to be allocated to the support group, believe me. Think I can advise if I have a bit more info.

 

If you do get called for a WAG interview at the JobCentre and explain your problems to the adviser as they can be very helpful in supporting your case (they may not know this but they can) Take a friend if you can

 

CD

[Fairywings54]

Hi CD

Thank you for your help. I did not go to Tribunal at all! I appealed on a GL24 and sent it in last October 2012. Lo and behold on April the 19th I was awarded back pay from last October and placed into the WRAG group. I have no letter giving me any points or anything other than the original one which said I had 6 points and was not entitled to ESA at all so I appealed straight away and got it back. I never knew it had been seen by a tribunal until the letter from the DWP stated that it had been seen by one. I can ask for the decision to be looked at again as I now have the evidence provided by my GP today. Is this any good? Any help for me is better than nothing I can tell you it is driving me nuts.

[coledog]

Can you contact DWP and ask for a copy of the tribunal decision? Were you notified of a tribunal hearing at all? Why did you not attend? Ask for details of this. I would not recommend appealing a tribunal decision, this can take a while and is rarely overturned - it is far better to notify a deterioration in health to DWP since the original ATOS assessment and argue the reasons for being in the support group.

 

You can be in the WRAG group for a year after first claiming on benefit if this is NI contribution based (then you need to be in the support group). It is longer if income based, depending on your circumstances, but the support group is a slightly higher rate and you should receive less hassle. Being on DLA is different as many people on DLA can work, it is proving for ESA that being in work is not possible and would be detrimental to your health and well being

[RaeUK]

Are you sure it wasn't just a DWP reconsideration? They always look at the case again to review it before it's submitted to the Tribunal.

[coledog]

Quite, you need to get the facts of the reasons for this decision

[Fairywings54]

Thank you coledog for your answer to me, I have put together a letter tonight asking the questions you have raised above as I never attended a Tribunal and never knew one had taken place either until I received my letter of the decision informing me a Tribunal had placed me in the WRAG. I am going to send this out tomorrow and ask for the decision to be looked at again.

 

Yes this is contribution based as I was sacked from my job for being incapable of doing it last July 2012 so that's when I went on ESA at the assessment rate. This will come to an end in July 2013 according to my letter I received last week. I understand this and the reasons which is another argument for being placed in the Support Group.

 

I will keep everyone informed of how I am getting on and if it was not for this forum I think I would have gone completely insane months ago, I am doing this on my own without any help from outside organisations as they always seem to be too busy to help me and overstretched.

[Fairywings54]

RaeUK I have the exact wording in my letter for you: " Your appeal has been heard by an independent appeal tribunal. The tribunal has decided that you are entitled to Employment Support Allowance". I never knew that this had happened, where, when or anything!!

[Nystagmite]

Did you ever get asked if you still wanted to go ahead with the tribunal? If so, you can either opt for paper or an oral hearing. If you opted for a paper hearing, they don't inform you when this will take place.

[Fairywings54]

No i did not Nystagmite, all I did was put in a GL24 in October 2012 and that was that until April 2013 when I was informed I had been placed into the WRAG group. How frustrating is that?

[estellyn]

No i did not Nystagmite, all I did was put in a GL24 in October 2012 and that was that until April 2013 when I was informed I had been placed into the WRAG group. How frustrating is that?

 

If you didn't get a choice between paper and oral hearing, you can ask the Tribunal chair for the decision to be set aside and to have an oral hearing - the problem with this is that the whole decision would be set aside and you back to assessment rate ESA.

 

Your best and safest option in this case may be just asking for a new assessment based on worsening condition - this is refered to as asking for a supersession based on a change of circumstances (worsened condition).

[coledog]

If you didn't get a choice between paper and oral hearing, you can ask the Tribunal chair for the decision to be set aside and to have an oral hearing - the problem with this is that the whole decision would be set aside and you back to assessment rate ESA.

 

Your best and safest option in this case may be just asking for a new assessment based on worsening condition - this is refered to as asking for a supersession based on a change of circumstances (worsened condition).

 

Agree - this is what we need to get but need some details of the the decision they have made so as to argue the extend of the deterioration.