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ESA wrag group ...questions regarding whether to appeal


kahlo
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Hi I am posting with some questions for a friend of mine whom sufffers from mental health issues (anxiety panic attack, nausea, vomiting, depression)

background

she has just received notification of being placed in the WRAG group- contribution based

( migrated from IB).

 

she is keen to get some support/advise re testing herself out for possible work WHEN she is well enough and is stuggling with coming to terms with admitting how ill she is.

 

I believe she should be in the support group, as her mental health is such that she cannot reliably commit to work related interviews without risking exacerbation of her symptoms. ( i dont think she meets support group "descriptors" for mental health- but exceptional Circumstances Regulations -regulation 35 should apply

"a “serious” or “substantial” risk of harm is likely, should the person be found to be capable of work-related activity"

 

she wants support to get better and return to work but it would be better for her to be in the support group and voluntarily attending work related activity would be far more suitable than the pressure of WRAG group with the threat of sanctions hanging over her head when she inevitably is not well enough to attend.

 

she is weighing up if she is well enough emotionally to consider an appeal wrag to support

 

questions

IF she was to ask for a mandatory reconsideration ( asking for scoresheet, statement of reasons and sends in letter from doctor and counsellor) and states Reg 35 as reason for consideration of support group) and the reconsideration response was to keep her in the WRAG group :-

1. what is the process now for mandatory recconsideration , and requesting the score sheet and statement of reasons and registering an appeal ....i vaguely recall some change since i went through this

2.would her money be dropped if she decided to appeal?

3. would she have to persue the appeal process or could she stop there? ( with the money at esa wrag contributions rate or would that be dropped)

3.

many thanks in advance

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thanks jut found that... i had a decrease in esa whilst appealing thing going on in my head but i realise now what the score is .

 

what is the process now for mandatory re-consideration , and requesting the score sheet and statement of reasons and registering an appeal, thats changed hasnt it ?

 

is it best to do a SARS?

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No, you just need to phone and make the request for a MR and for assessment notes.

 

how long would the DWP take to return a score sheet, statement of reason and The Atos Healthcare report ?

 

not sure of timing that appeal needs to be made, and worried they may take to long to return the information.

 

do they have a deadline in which to process the Subject access request ?

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You don't need to make a subject access request - just ask for what you want and they'll send it to you.

 

If you get to making an actual appeal, you automatically get sent a full appeal pack anyway, which includes everything.

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

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Hi8,

 

I'm a welfare rights officer and deal with the DWP every day unfortunately.

 

Just to clarify; your friend has 30 days to lodge a mandatory reconsideration, which will take anything from 2 weeks to 6 months to resolve. They can then appeal if they are not happy with the decision. The SSCS1 form is on the Tribunals service website. You don't get the Schedule of Evidence (SOE) which is all the paperwork from you and the DWP until Her Majesty's Courts and Tribunal Service (HMCTS) receive a response from DWP and you are in all probability going to tribunal.

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You can request the esa85 (atos medical report) at any time, including at MR stage, which can help in making arguments during MR (or knowing what evidence is lacking). Also helps in deciding if to go ahead with appeal.

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

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You can of course request your ESA 85 at any time. If you need time to get further medical evidence or for the eSA 85 to arrive send a man recon anyway, but in it ask for them to hold off making a decision until you submit further evidence. Your local CAB will do all this for your friend if you need them to.

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if your friend feels she cannot handle work related activity and especially she qualifies for SG, then I would appeal (or do the MR which is required now days).

 

You will continue getting the WRAG payments, no doctors notes needed.

 

When I got put in WRAG and appealed I was bumped to SG without a tribunal, I suspect they less likely to fight WRAG to SG than FFW to WRAG/SG.

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