- Posts: 17
× Members
MR result, concerned
- Car147
- Topic Author
- Offline
Less More
4 years 11 months ago #231399 by Car147
MR result, concerned was created by Car147
Previously in support group for nearly 5yrs on (Con) ESA due to my spinal issues, and was found fit for work 6 wks ago. Appealed via a MR and i received the result today when i called them. Decision was changed to WRAG and the payments i missed during the period my ESA was stopped will be paid at the new rate.
Also to be fully reviewed again in 6 mths..I did say to the DWP representative that i will be in pain having to travel a round trip of 60 miles to attend whatever meetings they see fit. and still cannot walk or stand more than 5-10mins (100mtres) without severe lower back pain, but i am that worried about losing my benefits that i have reluctantly gone along with what they want.
I did say to the lady that in one way it could be a good thing as straight away they will notice my mobility is bad.I know i should have probably gone the tribunal way, but cannot take the risk of nothing!
Also to be fully reviewed again in 6 mths..I did say to the DWP representative that i will be in pain having to travel a round trip of 60 miles to attend whatever meetings they see fit. and still cannot walk or stand more than 5-10mins (100mtres) without severe lower back pain, but i am that worried about losing my benefits that i have reluctantly gone along with what they want.
I did say to the lady that in one way it could be a good thing as straight away they will notice my mobility is bad.I know i should have probably gone the tribunal way, but cannot take the risk of nothing!
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51200
4 years 11 months ago #231422 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic MR result, concerned
Car
Ther should be no risk to your "new" award by going on to appeal, the Judge responsible for your appeal is required to tell you if any existing award is at risk and to allow you to time to get advice and withdraw your appeal if you want.
Gordon
Ther should be no risk to your "new" award by going on to appeal, the Judge responsible for your appeal is required to tell you if any existing award is at risk and to allow you to time to get advice and withdraw your appeal if you want.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Car147
Please Log in or Create an account to join the conversation.
- Car147
- Topic Author
- Offline
Less More
- Posts: 17
4 years 11 months ago #231429 by Car147
Replied by Car147 on topic MR result, concerned
Thanks Gordon, I don't really understand, I always thought your benefit stops when appealing a decision? as they had found me fit for work, they stopped all ESA payments and sent my P45 to me some 5-6 wks ago.With today's decision of me now being put back on ESA but in the WRAG. . Can i still appeal and state that i feel i should be in the support Group again? as this is where i thought there was risk of losing my award altogether.
I do have full backing of my GP, and she stated, my Consultant should be prepared to give a report backing me.
I take it i will have to attend any appointments in the meantime, even if i appeal.
Cheer's
I do have full backing of my GP, and she stated, my Consultant should be prepared to give a report backing me.
I take it i will have to attend any appointments in the meantime, even if i appeal.
Cheer's
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51200
4 years 11 months ago #231448 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic MR result, concerned
Car
If you have an award, as you do, then it will continue in payment while you make an appeal, the only thing I would wait for is the revised DWP Decision to be put into payment before you request an appeal, if you decide to do this.
If you reasonably believe that you meet one or more the SG Descriptors then you can argue this at appeal but make certain you understand what the criteria is and how you meet it.
Yes, you will need to perform any Work Related Activities that you are asked to do subject to your limitations. The JC+ staff have no access to the assessment information so make sure you explain your problems to your advisor the first time that you see them.
Gordon
If you have an award, as you do, then it will continue in payment while you make an appeal, the only thing I would wait for is the revised DWP Decision to be put into payment before you request an appeal, if you decide to do this.
If you reasonably believe that you meet one or more the SG Descriptors then you can argue this at appeal but make certain you understand what the criteria is and how you meet it.
Yes, you will need to perform any Work Related Activities that you are asked to do subject to your limitations. The JC+ staff have no access to the assessment information so make sure you explain your problems to your advisor the first time that you see them.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Car147
Please Log in or Create an account to join the conversation.
- Car147
- Topic Author
- Offline
Less More
- Posts: 17
4 years 11 months ago #231455 by Car147
Replied by Car147 on topic MR result, concerned
Thanks for the detailed reply Gordon, I will appeal at the relevant time.
Cheer's
Cheer's
Please Log in or Create an account to join the conversation.
- Car147
- Topic Author
- Offline
Less More
- Posts: 17
4 years 11 months ago #232115 by Car147
Replied by Car147 on topic MR result, concerned
Quick question, other than receiving the revised MR decision, i have yet to receive any payment ( I was contribution based, will i still receive contribution based for a year or, do i lose that automatically since being moved from the SG to Wrag?
I have yet to receive any l info concerning the Wrag, and first interview. How long does this usually take?
Are they deliberately holding out for the 4 wks to elapse since the new decision in an attempt to hold up any appeal??
I have yet to receive any l info concerning the Wrag, and first interview. How long does this usually take?
Are they deliberately holding out for the 4 wks to elapse since the new decision in an attempt to hold up any appeal??
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris